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Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective bargaining agreement, they conclude that…

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Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not done, considered and not considered.”…

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An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing various cases, the author emphasizes…

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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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The author addresses the standards that arbitrators should apply when addressing charges of sexual harassment, and the rights of the accused as well as the employer and alleged victim. Helen…

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The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being fully proficient, based solely on…

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The author advocates minimum requirements for coverage by and explicitness in health care plans, including that disputes arising under such plans be subject to arbitration.

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A survey of the knowledge and experience of judges, advocates, and arbitrators, as to how their decisions come into being and how they are shaped by their respective institutional frameworks….

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Arbitration of discrimination grievances

The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical limits of arbitration under collective…

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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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