Synopsis By: Goldstein - Proceeding Author: Alex Elson

The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty in accepting the narrow scope of review prescribed by the Steelworkers Trilogy. A recurring issue is how to balance the statutorily mandated right of exclusive representation by the union with due process rights and the union’s duty of fair representation. Also discussed are the conflict between CBA seniority provisions and Title VII employment rights, and procedural due process.