Expert Analysis

Unionized, but not united: Employees who seek third-party standing in arbitrations

By Michelle Cook and Daniel Kim ( May 14, 2026, 11:15 AM EDT) -- Third parties almost never get a seat at the arbitration table, but every so often an employee insists on weighing in against their own union — and is sometimes granted standing to speak or be represented, usually with respect to interests that may be against their union. However, the right to speak may (or may not) come with an obligation to pay arbitration costs....