Synopsis By: Lurie - Proceeding Author: Arnold M. Zack

President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk that labor-management arbitration may lose credibility in the face of unilaterally imposed arbitration. He stresses the importance of the participation of labor, management and arbitrators to preserve the credibility of arbitration. He describes progress on the Due Process Protocol and The Common Law of the Workplace.