Arbitration Classics. Part 1. Revisiting three “classics”

March 16, 1994

Synopsis By: Lurie
Proceeding Author:
David E. Feller
 

Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which, he acknowledges, the courts have followed. The second was “The Impact of External Law upon Labor Arbitration. By “external law” Professor Feller meant public law and not the law of the CBA. In the third classic, “The Coming End of Arbitration’s Golden Age,” Professor Feller used the term “Golden Age” to mean an era of industrial self-governance, with arbitration as a substitute for strike and not a substitute for litigation, a distinction which differentiated grievance arbitration from all other arbitration. To the extent that Arbitrators’ decisions derive from other than the system of industrial self-governance, their autonomy will diminish.


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