NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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

Read more

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 statutory issue is presented. The former category includes MEPPAA and LMRA Section 302(c)(5) cases, in which the role of the arbitrator is comparable to that of a trial judge.

Read more

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 Relations Act, there is a steady flow of cases dealing with areas of statutory regulation of the workplace: wage and hour, safety and health, pension and welfare benefits, and equal …

Read more

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 implications that help to preserve the parties’ bargain and reject those that alter or enlarge it. Author Macey agrees that preserving the parties’ bargain should be a guiding concern, but …

Read more

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.

Read more

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 in the arbitration of statutorily-based issues is seen as likely, and the author suggests the publication of arbitration awards in which NLRB charges have been deferred. More clearly articulated standards …

Read more

Significant developments for 1980 – including statutory, judicial, and related activity – in public employment disputes settlement at federal, state, and local levels in the United States and in Canada.

Read more

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 compulsory a process that was intended to be available to labor and management as a voluntarily method of dispute resolution. Professor Alleyne asserts that the Board’s discretion has been improperly …

Read more

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 considered by trial judges considering arbitration-enforcement issues. Some of those considerations are described here.

Read more

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. In each case, an agreement produced by good-faith collective bargaining, and based upon a realistic appraisal of external law as it existed when the accord was reached, was required, as …

Read more
Page 1 of 2 12