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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both where arbitration has been used and where it is available but has not been used; the duty to furnish information relevant to contract administration; and arguably invalid contract clauses. Also …

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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

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The arbitrator and the NLRB: Workshop Sessions: Workshop A

Edited transcript of one of four concurrent workshops on papers presented at 1967, pages 47 and 67.

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