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Bunts, dunks, punts, and strikes in professional sports arbitration

A panel discussion of arbitration in the professional sports of baseball (disputes arising from a contraction in the number of league teams); basketball (salary disputes); and football (work stoppage issues).

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Subcontracting in the 1990s

An examination of the law governing subcontracting (where the CBA is silent) in Canada and the United States is given. This is followed by an union advocate’s presentation of on the history of the law re: subcontracting in the United States and a request that arbitrators be mindful that statutory bargaining requirements are implicit in …

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In grievances of the right to subcontract where the CBA is silent on the matter, Attorney Clark presents reasons why arbitrators should apply a standard in public sector cases different from that applied in private sector cases; he asserts that, in the public sector, where “reasonableness” is the relevant standard, the subcontracted work should be …

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Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the agreement means, and that should also be the arbitrator’s sole function in fashioning the remedy. The primary authority implicitly granted to the arbitrator is to …

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Revisiting an old battle ground: The subcontracting dispute

A discussion of arbitration decisions concerning limitations on subcontracting. Topics discussed include arbitrability decisions by courts, the duty to bargain over subcontracting, NLRB deferral in subcontracting cases, and the development of arbitration standards in subcontracting disputes. The article includes a table, showing the increasing prevalence of limitations upon subcontracting found in collective bargaining agreements, and …

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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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The arbitrator and the NLRB: Workshop sessions: Workshop B

Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67

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The arbitrator and the NLRB: Workshop sessions: Workshop C

Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67

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The arbitrator and the NLRB: Workshop sessions: Workshop D

Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67

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