Arbitration · Labor & Employment
Binding, private resolution for union grievances and individual workplace claims — from CBA disputes to discrimination, wage, and executive-compensation matters.
Labor & employment arbitration in Dallas, Texas — a binding process for workplace disputes.
Content last reviewed: June 2026
Labor & Employment Arbitration
Labor & Employment Arbitration both resolve workplace disputes through a binding, private process that can reduce the costs and delays of courtroom litigation. They are distinct disciplines, however: labor arbitration addresses union–employer grievances under a collective bargaining agreement, while employment arbitration resolves individual statutory and contractual claims under an arbitration agreement.
Mark A. Shank is Board Certified in Labor and Employment Law and a Fellow of the College of Labor and Employment Law. Through ShankADR in Dallas, he arbitrates both labor grievances and individual employment claims, bringing more than 40+ year of labor and employment experience and 500-plus resolved disputes to each proceeding.
An unresolved workplace dispute disrupts operations and can expose an organization to escalating liability. Contact Mark directly to discuss a confidential path to a binding resolution.
Arbitrator credentials
Available in person and by secure video conference nationwide.
Two distinct disciplines
The most effective process begins with identifying whether the dispute arises from an individual employment relationship or from a collective bargaining agreement.
Labor arbitration resolves grievances between a union and an employer under a collective bargaining agreement. A neutral interprets the CBA and resolves discipline, discharge, seniority, or work-assignment disputes with a binding award enforceable under LMRA § 301.
Mark serves on the AAA Labor Arbitration Panel, resolving just-cause grievances and disputes under CBA-specific procedures.
Employment arbitration resolves individual claims — including discrimination, wrongful termination, wage matters, executive compensation, and restrictive covenants — under an arbitration agreement, often found in onboarding or employment documents.
The Federal Arbitration Act governs enforcement of employment agreements involving interstate commerce. Mark conducts these proceedings under AAA Employment, JAMS Employment, or agreed ad hoc procedures.
Individual workplace claims
Mark arbitrates workplace disputes spanning major federal and Texas employment statutes, common-law claims, and executive-level contractual disagreements.
| Dispute Category | Governing Law / Framework | Common Claims Arbitrated |
|---|---|---|
| Race & National Origin Discrimination | Title VII; 42 U.S.C. § 1981 | Disparate treatment, hostile environment, retaliation |
| Age Discrimination | Age Discrimination in Employment Act (ADEA) | Termination, demotion, forced retirement, reduction-in-force selection |
| Disability Discrimination | Americans with Disabilities Act (ADA) | Failure to accommodate, regarded-as claims, interactive-process breakdown |
| Sex & Gender Discrimination | Title VII; Texas Labor Code Chapter 21 | Harassment, pay disparity, pregnancy discrimination, LGBTQ+ claims |
| Family & Medical Leave | Family and Medical Leave Act (FMLA) | Interference, retaliation, denial of reinstatement |
| Wage & Hour Violations | Fair Labor Standards Act (FLSA) | Overtime misclassification, off-the-clock work, tip pooling, collective actions |
| Wrongful Termination | Texas common law; Sabine Pilot doctrine | Discharge for refusing illegal acts, whistleblower retaliation |
| Retaliation | Title VII; SOX; Dodd-Frank; Texas Labor Code | Adverse action after protected complaints or internal reporting |
| Non-Compete & Restrictive Covenants | Texas Business & Commerce Code § 15.50 | Enforceability, geographic scope, injunctive relief, damages |
| Trade Secret Misappropriation | DTSA; Texas TUTSA | Customer-list theft, process disclosure, inevitable disclosure |
| Executive Compensation | Contract law; ERISA where applicable | Severance, stock options, deferred compensation, golden-parachute disputes |
| Employment Contract Disputes | Contract law; implied agreements | Employment agreement breach, bonus clawbacks, commission disputes |
| Class & Collective Arbitrations | FAA; AAA Supplementary Rules | FLSA collective actions, Rule 23 class treatment in the arbitral forum |
| Harassment & Hostile Work Environment | Title VII; Texas Labor Code Chapter 21 | Sexual or racial harassment, supervisor versus co-worker liability |
Union–management grievances
Labor arbitration is a private, binding grievance-resolution process arising from a collective bargaining agreement between a union and employer. The arbitrator interprets the agreement and resolves discipline, discharge, and other terms-of-employment disputes through an enforceable award.
The NLRA establishes the collective-bargaining framework, while LMRA § 301 gives federal courts jurisdiction to enforce CBAs and confirm awards. The Supreme Court’s Steelworkers Trilogy established the federal policy favoring labor arbitration and judicial deference to an arbitrator’s interpretation of a CBA.
| Dispute Category | Governing Framework | Common Claims Arbitrated |
|---|---|---|
| Discipline & Discharge | Just-cause standard under the CBA | Termination, suspension, progressive-discipline grievances |
| Contract Interpretation | CBA language and past practice | Ambiguous contract terms, past-practice disputes |
| Seniority & Layoff | CBA seniority provisions | Layoff order, recall rights, bumping disputes |
| Subcontracting & Work Assignment | CBA scope-of-work clauses | Outsourcing and jurisdictional disputes |
| Deferred Unfair Labor Practice Charges | NLRA § 8; NLRB deferral doctrines | Charges deferred to arbitration ahead of NLRB review |
Structured and enforceable
The ShankADR process is designed to produce a fair, efficient, and enforceable outcome while preserving confidentiality. Labor grievances under a collective bargaining agreement typically follow an expedited version, usually with no formal discovery.
01
Parties may select Mark directly or receive an appointment through the AAA Labor Arbitration Panel, the CPR Distinguished Neutrals Panel, or the National Academy of Distinguished Neutrals. Direct selection allows the parties to choose a neutral with expertise in the claims at issue.
02
Within 30 days of appointment, Mark establishes the scope of discovery, document-production deadlines, deposition limits, motion schedule, and hearing dates — converting an open-ended dispute into a defined resolution timeline.
03
Discovery is proportional to the dispute. Document exchange focuses on personnel files, communications, policies, and financial records directly relevant to the claims, while depositions are limited to key witnesses.
04
Mark resolves dispositive motions, motions in limine, and discovery disputes through written, reasoned decisions, including threshold questions of arbitrability, limitations, preemption, and contractual scope.
05
The hearing includes openings, direct and cross-examination, exhibits, expert testimony, and closing arguments. Mark manages sensitive evidence involving workplace conduct, investigations, compensation, and personnel decisions.
06
Mark issues a written, reasoned award that explains factual findings and legal conclusions. Awards are binding and may be confirmed in state or federal court under the FAA and Texas General Arbitration Act.
Subject-matter command
Board certification in Labor and Employment Law requires demonstrated substantial involvement in the field, peer references, and passage of a specialty examination. Mark’s board certification and fellowship in the College of Labor and Employment Law reflect sustained experience and recognition in the discipline.
He also is a member of the College of Commercial Arbitrators and Chartered Institute of Arbitrators. These credentials combine substantive employment-law knowledge with specialized arbitration experience.
Mark’s work as an employment litigator — including discrimination trials, wage-and-hour collective actions, trade-secret injunctions, and executive-compensation disputes — provides the factual and legal context parties expect when selecting a neutral.
Board certification and peer-elected fellowship signal a neutral accustomed to the legal and practical dynamics of workplace disputes.
A trial background supports focused discovery, efficient motion practice, sensitive hearing management, and a record designed for a reasoned award.
Each proceeding is structured to end with clear factual findings and legal conclusions appropriate for confirmation and enforcement.
Arbitration or litigation
Labor and employment arbitration can deliver faster, more private, and more predictable resolution than extended court litigation. The right path turns on the agreement, the dispute, and the parties’ objectives.
| Factor | Labor & Employment Arbitration | Court Litigation |
|---|---|---|
| Timeline to Resolution | Four to twelve months typical | Two to four years in federal court, including appeals |
| Privacy | Confidential proceedings protect employer reputation and employee dignity | Public filings can expose sensitive workplace details |
| Decision-Maker | Party-selected neutral with employment-law expertise | Randomly assigned judge; jury in most discrimination cases |
| Discovery Scope | Proportional, focused on personnel and financial records | Broad federal discovery rules, often the largest expense |
| Class / Collective Treatment | Individual or consolidated arbitration under AAA Supplementary Rules | Rule 23 class action or FLSA § 216(b) collective action |
| Appeal Rights | Narrow FAA § 10 review | Full appellate review to circuit court |
| Enforceability | Binding award enforceable as a court judgment | Judgment enforceable but subject to appeal-related delay |
| Cost | Typically reduced by compressed timelines and limited discovery | Higher due to extended discovery, depositions, and trial preparation |
Costs & governing law
Arbitration costs vary by claim complexity, hearing length, administering organization, and the number of arbitrators. Mark provides a detailed fee schedule upon inquiry; in labor grievance matters, costs are often allocated under the CBA or AAA Labor Arbitration Rules schedule.
The FAA supports enforcement of employment arbitration agreements involving interstate commerce, subject to its statutory requirements and exceptions. Judicial review of an award is limited to the grounds specified in the Act.
Texas Labor Code Chapter 21 and other federal and state statutes continue to supply the substantive protections and claims considered in arbitration. The Texas General Arbitration Act provides supplemental authority for Texas proceedings.
Mark conducts proceedings under AAA Employment, AAA Labor, and JAMS Employment rules, as well as ad hoc procedures agreed upon by the parties. The applicable rules guide appointment, discovery, hearing conduct, and award issuance.
Frequently asked questions
Labor arbitration is a private, binding process in which a neutral resolves grievances between a union and employer under a collective bargaining agreement. Mark conducts labor arbitrations in Dallas and nationwide by video conference under AAA and FMCS procedures.
Labor arbitration resolves grievances under a collective bargaining agreement between a union and employer, governed principally by the NLRA and LMRA § 301. Employment arbitration resolves an individual employee’s statutory or contract claims under an arbitration agreement, governed principally by the FAA. Mark handles both.
Mark arbitrates Title VII, ADEA, ADA, FMLA, and FLSA matters, plus wrongful-termination, non-compete, trade-secret, executive-compensation, and harassment claims across Texas industries and nationwide.
Most employment arbitrations reach a final, binding award within four to twelve months of filing. Complex multi-plaintiff or executive-compensation disputes requiring extensive document review may need additional time.
Yes. An employment arbitration award is binding under the Federal Arbitration Act. A prevailing party may seek confirmation under 9 U.S.C. § 9, converting the decision into an enforceable judgment.
The Supreme Court has upheld arbitration of federal employment discrimination claims when a valid arbitration agreement exists. The forum changes, but the employee retains substantive statutory rights.
Mark arbitrates class and collective employment claims under the AAA Supplementary Rules for Class Arbitrations, including multi-plaintiff FLSA collective actions and employment class proceedings in the arbitral forum.
Yes. Mark arbitrates restrictive-covenant scope and enforceability, trade-secret claims under DTSA and TUTSA, customer-list protection, and inevitable-disclosure claims.
Cost depends on claim complexity, number of hearing days, and whether a sole or three-arbitrator panel presides. Mark provides a detailed fee schedule upon inquiry and can discuss scheduling for a specific dispute.
Explore related services
Binding resolution for complex business disputes.
Confidential negotiation for business disputes.
Confidential resolution for workplace disputes.
Years of courtroom uncertainty and mounting fees — or a binding resolution from a Board Certified labor and employment law arbitrator. Contact Mark Shank directly to discuss the matter.
