Reflections on the language of the Steelworkers’ Trilogy. The author warns against any construing of “industrial common law” that would allow arbitrators to go outside the corners of the CBA….

A discussion of the limits on an arbitrator’s authority to fix damages, and of the methods of computing damages including compensatory, punitive and liquidated damages….

The similarity between the arbitrator’s function in interpreting and applying the agreement and a judge’s function in interpreting and applying a statute is addressed, as is the ability of an…

David Klein and John Fillion discuss the role of the UAW’s seven member public review board in resolving appeals arising under the union’s constitution and ethical practices codes: The Board…

The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the 1960’s, with an increase in…

Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the…

The attributes of a well-written arbitration decision are described.

A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of enforcement by the courts. Open…

David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan recommends that arbitrators do their…

Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will set aside labor arbitration awards…