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A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of enforcement by the courts. Open issues of statutes of limitation, judicial review, arbitral immunity and duty of fair representation are raised.

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Duty of fair representation: The role of the arbitrator

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 role when it becomes clear that there is a pending or a feasible future claim that the union had failed in its duty of fair representation.

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The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of fair representation has been made – is to refer the dispute back to the contractual arbitration procedure for further processing.

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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 bargaining agreements to the resolution of discrimination claims. Nonetheless, the author forecasts that arbitration will play a valuable role in the resolution of discharge cases …

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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 Academy membership or a full case schedule. He recommends continuing study of the laws affecting labor, gaining an understanding of rules of evidence (even if …

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Due process and fair representation in grievance handling in the public sector

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 in their employment status and related Constitutional issues examined. Commentator Ashe believes public sector arbitration meets requisite due process standards. Commentator Wollett describes complexities, in that “every action taken” in …

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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 the arbitrator as the “reader” of the agreement, under terms set by the parties and that, since the parties have agreed to accept an award …

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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 the buck” to the arbitrator; “fair representation” concerns; the tendency for “legalistic” proceedings; and the increasing involvement of external law. Suggested new approaches include pre-hearing disclosure of facts and offers …

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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 decisions; enforcement of the right to arbitrate; conduct of arbitration and enforcement of awards; specialized court actions; and arbitration and the NLRB.

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