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An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the right of management to transfer operations to another plant, whether a labor-management agreement existed, disputes of events transpiring outside the term of the agreement, the …

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’ decision that a dispute is not arbitrable after a court determination of arbitrability; suits to confirm or vacate awards; individual breach of contract suits; other …

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Arbitrators and the remedy power

An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by the courts as to the legal power of the arbitrator to award remedies of either compensatory damages or injunctions.

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The only significant statutory developments involving labor arbitration that came to the Committee’s attention were those in NewYork. They are discussed in Section I of the Report. The survey of reported cases is set forth in Section II. It is headed by the currentdecisions of the United States Supreme Court, followed by federal courts of …

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