Term Paper: Clinton Cole v. Burns International Security Services Case Report

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CLINTON COLE v. BURNS INTERNATIONAL SECURITY SERVICES Case Report

How did the Court apply Gilmer to determine the enforceability of this agreement?

The stated agreement points out employees' consented renunciation to take their employer to court, in front of jury, and in stead their agreement for all company related issues to be resolved by an arbitrary party. The precedent case of Gilmer vs. Interstate/Johnson Lane Corp. concluded that such an agreement is not enforceable in all cases, only in those that meet the established standards. "We read Gilmer as requiring the enforcement of arbitration agreements that do not undermine the relevant statutory scheme. The agreement in this case meets that standard." The required standard of an arbitration agreement is its validity in regard to the EEOC and NLRB regulations and also the arbitrators' ability to enforce the laws that protect workers. Meeting all the requested criteria, the Cole - Burns Security arbitration agreement was considered valid and enforceable.

2) How did the Court resolve whether only the employer should pay all arbitrator expenses?

All the expenses adherent to the previous cases arbitrated law have been paid by the employer. But the case of Clinton Cole vs. Burns International Security Services raised the question of having the employee meet the costs, entirely or at least partially. In response to the employer's request to only pay part of the fee, the Court analyzed the arbitration agreement and found it to be ambiguous. The Court responded that the ambiguity should be eliminated and based on the contract signed between employee and employer, ordered Burns Security to pay the entire fee.

Furthermore, since the Court's aim is to resolve the dispute between the two parties by protecting their rights, they felt the employee is not to be charged for the judiciary services. "Because public law confers both substantive rights and a reasonable right of access to a neutral forum in which those rights can be vindicated, we find that employees cannot be required to pay for the services of a "judge" in order to pursue their statutory rights." In addition, the Court stated that the only way for an arbitration agreement to be considered valid is for the employer to assume all arousing expenses.

3) How did the Court resolve the issue of the scope of judicial review of an arbitration award?

In his attempt to dismiss the enforceability of the arbitration agreement, Clinton Cole stated his opinion that the decisions made by the arbitrators did not have a judiciary support and therefore might not be enforced. But the court felt differently. All ruling of arbitrators are based on rigorous judiciary procedures which are in full accordance with the statutory laws. "In this context, the Supreme Court has assumed that arbitration awards are subject to judicial review sufficiently rigorous to ensure compliance with statutory law."

Furthermore, all arbitration procedures and decisions are being checked by the Supreme Court… [END OF PREVIEW]

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"Clinton Cole v. Burns International Security Services Case Report."  Essaytown.com.  October 3, 2007.  Accessed September 15, 2019.
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