The question that frequently arises these days is how could the Court s philosophy change if President Bush were to appoint new justices. President Bush has said that he admires Justice Scalia and Justice Thomas, but if the Chief Justice were to retire, and he is one of the more likely candidates to do so, replacing Mr. Rehnquist would not dramatically alter the direction of the Court. You would still have a critical middle in which Justices Kennedy and O Connor are the key votes on issues that divide the conservative and liberal wings of the Court. Mandatory workplace arbitration was also upheld by the Supreme Court. It is not a big setback for workers because nothing compels workers to sign the agreement for arbitration, unless you desperately need a job.
Arbitration is a legitimate way for resolving workplace disputes.
In a case heard earlier this term, labor unions were quite pleased when the Court ruled in an arbitration case that a union member had to be reinstated. So, it would seem to depend on the circumstances of a particular case. The court is not judging whether arbitration is anti-employee, but whether this is a binding element between employee and employer. Workplace arbitration stems from the Federal Arbitration Act, which was designed to reduce litigation. What makes this case interesting, useful and instructive is that it involves a circumstance most people hope they never encounter, but can relate to the family feud.