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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 quality standards and actively discourage expedited procedures and require a transcript as a key element of a fair and full case hearing.

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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 in the arbitration of statutorily-based issues is seen as likely, and the author suggests the publication of arbitration awards in which NLRB charges have been deferred. More clearly articulated standards …

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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 employees’ substantive rights under Title VII cannot be pursued at the expense of orderly collective bargaining under the NLRA. If the union is unable or unwilling to press the discrimination …

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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 previously resorted to grievance arbitration. After Gardner-Denver decision, sweeping reforms undertaken at the EEOC diminished the need for arbitration to resolve state and federal agency discrimination claims. The author argues …

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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 by their respective institutional frameworks. The first of five reports is the functioning of the arbitrator, for which there are two schools of thought: 1) the arbitrator as problem-solver and …

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Arbitration of discrimination grievances

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 limits of arbitration under collective bargaining agreements to the resolution of discrimination claims. Nonetheless, the author forecasts that arbitration will play a valuable role in the resolution of discharge cases …

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Decisional thinkingNew York panel report

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 by the institutional framework within which they operates. The New York report addresses the CBA and external law , pre-hearing procedures, choice of forum and the adjudicator; pretrial preparation and …

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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.

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Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny

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 bargaining agreement. The author views the arbitrator as the “reader” of the agreement, under terms set by the parties and that, since the parties have agreed to accept an award …

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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 fully proficient, based solely on Academy membership or a full case schedule. He recommends continuing study of the laws affecting labor, gaining an understanding of rules of evidence (even if …

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