Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967

January 1, 1967

Synopsis By: Nelson
Proceeding Author:
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
 

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance and arbitration procedure vis-?-vis achieving a judicial decision on the merits; suits to compel arbitration or to review awards; and the relationship of Section 301 to the Norris-LaGuardia Act, the National Labor Relations Act, and bankruptcy law. Expresses concern over court review of the arbitrator’s authority.


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