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A new diversity in the workplace – The challenge to arbitration

A discussion of the challenges to arbitrators posed by increasing workplace diversity of age, race, sex, religion and ethnicity in the United States and in Canada, and what influences arbitrators should be sensitive to. Professor Gottesman presents the union view, and cautions arbitrators to not problem-solve without contractual authorization to do so.

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Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying the limited exceptions to the general enforceability of awards. He opines that exceptions to enforcement have become loopholes that should be made as narrow as possible. “Only bribery of the …

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An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness of judicial standards and express articulation of legal issues decided in drafting awards is recommended.

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Judicial review: As the parties see it

Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to only minor, ad hoc labor disputes with no far-reaching impact, or because they believe that arbitrators possess a special competence. In the area of discrimination …

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