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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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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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Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases where courts have considered the merits of awards.

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Discussion of areas where NLRB and arbitration intersect. Expresses NLRB desire to accommodate and encourage arbitration. Discusses Board policy before and after an award issues and in representation cases. Expresses concern over the viability of Spielberg in light of the theory that arbitrators should confine themselves to the contract ad leave statutory issues to the …

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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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A review of European Labor Courts, with emphasis on the Swedish system, as an alternative to arbitration. Suggests such courts are not a ready alternative to arbitration in America, but that they provide useful lessons. The author suggests borrowing from those courts’ Judicial Conference (which advises on administration of justice in courts) by establishing an …

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Discussion of procedural questions in arbitration regarding pre-hearing statements or briefs, pre-hearing conferences, and discovery. Emphasizes the needs to avoid undue formalism and legalisms and to streamline the process. Suggests interrogatories, inspection of documents, and stipulations are more useful than depositions in arbitration. Briefly discusses jurisdictional disputes where only one of the involved unions is …

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Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

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