[alarge]

Imagine a situation where a company is routinely misbehaving towards its employees. What are the tools that can be brought to bear to change a company's behavior?

  1. Government regulation
  2. Union representation
  3. The threat of public exposure and resulting public opinion fallout
  4. The potential downside of very large damage awards

In the general absence of #1 (in the US, we generally don't like regulating businesses) and the small and declining power of #2, we rely upon #3 and #4 to influence company behavior. Forced arbitration generally guts both.