A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of… Read More »Arbitration without neutrals: Joint committees and boards: 1. The legal background
A discussion of “the duty of fair representation” arbitration proceedings, in terms of both the union and management responsibility. The author inquires into the arbitrator’s… Read More »Duty of fair representation: The role of the arbitrator
The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of… Read More »Breach of the duty of fair representation: The appropriate remedy
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… Read More »Arbitration of discrimination grievances
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… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing… Read More »Suggested new approaches to grievance arbitration
A discussion of public employee rights. Due process standards in the public and private sectors are compared, and the “property interest” of public sector employees… Read More »Due process and fair representation in grievance handling in the public sector
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… Read More »Title: Some far-sighted views of myopia
The annual report of the Academy’s Committee on Law and Legislation includes review of 450 Federal appellate level cases in 1975. Included are Supreme Court… Read More »Arbitration and federal rights under collective agreements in 1975