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An examination of the functioning of the Teamsters joint grievance committees, and how those committees fall short of established standards for adjudicatory processes. Inadequacy of evidence, use of ex parte evidence, trading of grievances, control by a political hierarchy and increased potential for bias are cited. Case examples are presented. Joint committees are viewed as …

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The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation

A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation [“DFR”] in contract negotiations and administration, and demonstrates its application in hypothetical cases of plant consolidations and processing grievance (including trading off grievances and failing to investigate). Lester Asher discusses …

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

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 …

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’ decision that a dispute is not arbitrable after a court determination of arbitrability; suits to confirm or vacate awards; individual breach of contract suits; other …

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

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