AAA/FMCS update: A view from the top
Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends
Collyer Insulated Wire Co.
The arbitration of statutory disputes:Management perspective
The author distinguishes between the need for arbitrators to be proactive in statutory disputes, as opposed to an otherwise ordinary CBA dispute in which a… Read More »The arbitration of statutory disputes:Management perspective
Arbitration and relentless legalization in the workplace
An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor… Read More »Arbitration and relentless legalization in the workplace
Arbitral implications: Hearing the sounds of silence
Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those… Read More »Arbitral implications: Hearing the sounds of silence
Legalism in Arbitration; Part II: A management attorney’s view
A defense of greater adherence to more formal rules of evidence and more formalized procedures in arbitration to protect finality and assure certainty and fairness.
Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
Significant developments in public employment disputes settlement during 1980
Significant developments for 1980 – including statutory, judicial, and related activity – in public employment disputes settlement at federal, state, and local levels in the… Read More »Significant developments in public employment disputes settlement during 1980
Courts, arbitrators, and the NLR: The nature of the deferral beast
The author maintains that, under Collyer, deferral has been distorted to mean a national policy in favor of arbitrating all disputes involving contract terms, making… Read More »Courts, arbitrators, and the NLR: The nature of the deferral beast
Decisional thinking: West Coast panel report:V. Interaction of NLRB, judicial, and arbitration proceedings
Arbitrators, judges, and lawyers consider questions of law commonly considered by federal appellate courts reviewing NLRB decisions and the kinds of questions of law ordinarily… Read More »Decisional thinking: West Coast panel report:V. Interaction of NLRB, judicial, and arbitration proceedings
Arbitration: toward a rebirth
The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining.… Read More »Arbitration: toward a rebirth