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Reminiscences

Reminiscences by William P. Murphy, with an introduction by Edgar A. Jones, Jr.

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Reminiscences

Reminiscences by William P. Murphy, with an introduction by Edgar A. Jones, Jr.

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In negotiating their CBA, the parties to a collective bargaining agreement select “their own brand of industrial justice.” The role of the arbitrator is to effectuate their intent. The author believes that, as written, the “essence” test is unworkable.

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A compilation and examination of what judges and arbitrators have learned about each other’s respective roles in the decision making process; particularly as the trier of fact in labor disputes. Distinctions are drawn between the functional differences of the role of the trial judge, arbitrator, and appellate judge.

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What price employment? Arbitration, the Constitution, and personal freedom.

An examination of the role of the Supreme Court in criminal cases and cases involved in the disciplining or discharge of government employees. The author recommends that arbitrators work toward incorporating the mandates of the Bill of Rights into collective bargaining relationships. The proceedings conclude with rebuttals by the commentators and a general discussion by …

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An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the roles of public policy in labor arbitration in both the private and public sectors are considered. Although public policy concerns inhere in many cases, arbitrators …

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the right of management to transfer operations to another plant, whether a labor-management agreement existed, disputes of events transpiring outside the term of the agreement, the …

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In 1968, significantly fewer cases involving assertion of rights under collective bargaining agreements were reported than in prior years. The U.S. Supreme Court rendered only one decision relevant to this report. However, some important determinations were made at the circuit level. the major trend of judicial decision continues to be to send disputes to arbitration …

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