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The arbitration hearing: Part 2. Arbitral therapy

In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically therapeutic effects that can derive from the choice of hearing site, informality of the hearing, and the role of the arbitrator. In the comments that follow, the authors opine that …

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A review of the cases and papers that preceded and followed the Trilogy cases.

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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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Recent supreme court decisions and the arbitration process

Reflections on the language of the Steelworkers’ Trilogy. The author warns against any construing of “industrial common law” that would allow arbitrators to go outside the corners of the CBA. Freidin and Feller debate whether an employer should be deemed to have agreed to arbitrate the claimed violation of any term unless specifically included in …

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