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The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter, Professor Gould surveys the judicial history that preceded the Trilogy and the subsequent application and expansion of the Trilogy principles (including its recent exansion – …

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NLRB Chairman Gould describes the efforts of the NLRB to develop new mechanisms for 1) processing appropriate bargaining unit disputes, 2) mediating ULPs, 3) resolving wrongful dismissal claims, and 4) non-adversarial, cooperative arrangements between management and labor, such as those of the Saturn and NUMMI experiences.

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A review of wrongful discharge litigation in California, and of the judicially-recognized exceptions to the common-law principle of employment at will. Unfair dismissal legislation is advocated as serving the interests of employees, employers and the public. Experience with unfair dismissal legislation in Canada and Europe is reviewed and concerns of unions and the plaintiffs’ bar …

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A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability to safety disputes – and Alexander v. Gardner-Denver – holding that submitting a dispute to labor arbitration does not preclude a later suit under Title …

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The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view their grant of authority narrowly. constraints in fashioning remedies, possible complicity of the union in the discriminatory conduct, and an apparent reluctance by arbitrators to …

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A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer or of the DFR by the Union, (2) “duty to arbitrate” cases, and (3) cases seeking enforcement of basic, albeit nascent collective bargaining rights in …

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A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. The Boys’ Market decision had a larger than anticipated impact on the volume of litigation. An anticipated increase in public employment sector litigation …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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