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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 “arbitration is an inappropriate forum for the resolution of employment discrimination claims that involve the [legal] interpretation and construction of Title VII provisions.”

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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.” She adds that only then can the decision be given weight in a court proceeding.

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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 “the difficulties inherent in authorizing arbitrators to enforce Title VII.”

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What price employment? Arbitration, the Constitution, and personal freedom.

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 incorporating the mandates of the Bill of Rights into collective bargaining relationships. The proceedings conclude with rebuttals by the commentators and a general discussion by …

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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 analysis of the results of a survey of Academy members concerning their experience and their self-defined expertise in disputes dependent on Federal law and judicial …

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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 “accorded such weight as the court deems appropriate.” The author argues that Gardner-Denver “will not signal the demise” of arbitration, pointing out that 1) the …

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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 of discrimination claims, with reference to existing law, in bargaining agreements. Also suggested is the deferral of EEOC cases to arbitral review, with arbitration costs …

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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 analysis of the results of a survey of Academy members concerning their experience and their self-defined expertise in disputes dependent on Federal law and judicial …

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The NLRB and arbitration: Some impressions of the practical effect of the Board’s Collyer policy upon arbitrators and arbitration

An examination, by NLRB General Counsel, of the NLRB’s rules for deferring to labor arbitration in unfair labor practice cases. The history of the deferral doctrine is traced from the 1955 Spielberg decision through the 1971 Collyer decision. The discussion includes the potential impact of deferral on the arbitration process, the role of the arbitrator, …

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An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.

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