How the Trilogy was made.
Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in… Read More »How the Trilogy was made.
Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in… Read More »How the Trilogy was made.
In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically… Read More »The arbitration hearing: Part 2. Arbitral therapy
Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will… Read More »Presidential address: Bye bye Trilogy, hello arbitration
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:… Read More »The arbitrator’s remedial powers
The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers… Read More »The Code and post-award arbitral discretion
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.
A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of… Read More »Arbitration without neutrals: Joint committees and boards: 1. The legal background
A review of the cases and papers that preceded and followed the Trilogy cases.
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,… Read More »Courts, arbitrators and OSHA problems: An overview
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… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny