This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions in discrimination cases should be…
The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are willing to incorporate the resolution…
A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an…
Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective bargaining agreement, they conclude that…
Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not done, considered and not considered.”…
An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing various cases, the author emphasizes…
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…
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 author advocates minimum requirements for coverage by and explicitness in health care plans, including that disputes arising under such plans be subject to arbitration.
Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of…