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…

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…

The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and…

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…

An examination of the role of the Supreme Court in criminal cases and cases involved in the disciplining or discharge of government employees. The author recommends that arbitrators work toward…

An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.

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…

This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions in discrimination cases should be…

The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are willing to incorporate the resolution…

A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an…