NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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…

Read more

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…

Read more

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…

Read more

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;…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more