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The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to…

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Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny

A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective bargaining agreement. The author views…

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Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review…

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The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…

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Courts, arbitrators and OSHA problems: An overview

An examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards, and the contesting of citations…

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Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which, he acknowledges, the courts have…

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Judicial review of labor arbitration awards:The view from the bench

An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth…

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The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

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Section 301 – problems and prospects

A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section 301; some of the jurisdictional…

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Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….

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