An argument that arbitrators, who have responsibility over the integrity of the arbitration process under the Supreme Court’s grant of a “free charter,” must ensure… Read More »Legalism in Arbitration; Part I: Legalism – and some comments on illegalisms -in arbitration
A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
The role of private bargaining and grievance arbitration in eliminating discrimination in the workplace.In Emporium Capwell Co. v. Western Addition, the Court held that the… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 1. Arbitration of Title VII claims
In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 3. The legitimacy of arbitrating claims of discrimination
The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical… Read More »Arbitration of discrimination grievances
A survey of the knowledge and experience of judges, advocates, and arbitrators, as to how their decisions come into being and how they are shaped… Read More »Decisional thinking Chicago Panel reportI. The arbitrator’s perception of the decisional process
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped… Read More »Decisional thinkingNew York panel report
The author advocates minimum requirements for coverage by and explicitness in health care plans, including that disputes arising under such plans be subject to arbitration.
A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being… Read More »Title: Some far-sighted views of myopia