Equal Employment Opportunity Commission. An independent federal commission that investigates claims of employment discrimination based on race, color, religion, sex, national origin, or age and enforces antidiscrimination statutes through lawsuits. • It was created by Title VII of the Civil Rights Act of 1964. The EEOC encourages mediation and other nonlitigious means of resolving employment […]
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compel, vb. 1. To cause or bring about by force, threats, or overwhelming pressure (a lawyer cannot be compelled to testify about a privileged communication). 2. (Of a legislative mandate or judicial precedent) to convince (a court) that there is only one possible resolution of a legal dispute (the wording of the statute compels us
American Arbitration Association. A national organization that maintains a panel of arbitrators to hear labor and commercial disputes. — Abbr. AAA. [Cases: Arbitration 26; Labor Relations 453. C.J.S. Arbitration §§ 60, 62; Labor Relations §§ 464–465.]
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stipulatio juris (stip-y[schwa]-lay-shee-oh joor-is). [Latin “stipulatio as to the law”] The parties’ agreement on a question of law or its applicability. • The court is not bound to accept the stipulation if it is erroneous. But the parties are allowed to stipulate the law to be applied to a dispute.
An issue that must be decided in order to resolve a controversy. • The existence of a material issue of disputed fact precludes summary judgment. Cf. immaterial issue.
affecting commerce. (Of an industry, activity, etc.) touching or concerning business, industry, or trade; esp., under the Labor–Management Relations Act, burdening or obstructing commerce, or having led or tending to lead to a labor dispute that burdens or obstructs the free flow of commerce. 29 USCA § 152(7).
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preventive law. A practice of law that seeks to minimize a client’s risk of litigation or secure more certainty with regard to the client’s legal rights and duties. • Emphasizing planning, counseling, and the nonadversarial resolution of disputes, preventive law focuses on the lawyer’s role as adviser and negotiator.
fail, n. A transaction between securities brokers in which delivery and payment do not occur at the prescribed time, usu. on the settlement date. — Also termed fail contract. fail to deliver. The nondelivery of securities from a selling broker to a buying broker by the settlement date. fail to receive. The failure of a
Mediation and Conciliation Service. A federal agency that tries to prevent the interruption of commerce resulting from labor disputes, by assisting parties in settling their disputes through mediation and conciliation. • The agency can intervene on its own motion or on the motion of a party to the dispute. — Also termed Federal Mediation and
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transaction, n. 1. The act or an instance of conducting business or other dealings; esp., the formation, performance, or discharge of a contract. 2. Something performed or carried out; a business agreement or exchange. 3. Any activity involving two or more persons. 4. Civil law. An agreement that is intended by the parties to prevent