Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving…

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…

Bill Usery is introduced and his career described, and his career is described. Secretary Usery then gives a brief history of labor arbitration in the U.S., and the contribution made…

A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey…

A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the Act, and the likely impact…

An examination of the standards for enforcing an employee’s waiver of the right to judicial resolution of employment disputes (in favor of arbitration). The validity of arbitration agreements under state…

A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to…

The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to…

The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…

A comparison of the industrial justice systems developed by non-unionized companies, comparing them also to labor arbitration, to United States courts, and to courts in other countries, examining the favorableness…