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The NLRB and arbitration: Some impressions of the practical effect of the Board’s Collyer policy upon arbitrators and arbitration

An examination, by NLRB General Counsel, of the NLRB’s rules for deferring to labor arbitration in unfair labor practice cases. The history of the deferral doctrine is traced from the…

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An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…

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A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose…

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A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer…

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A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…

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The role of private bargaining and grievance arbitration in eliminating discrimination in the workplace.In Emporium Capwell Co. v. Western Addition, the Court held that the employees’ substantive rights under Title…

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Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute. The potential conflicts between seniority…

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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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Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of…

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In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration….

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