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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB…

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’…

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Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract…

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The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation

A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation [“DFR”] in contract negotiations and…

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Report of the Committee on Law and Legislation – 1964

Report of the Committee on Law and Legislation

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A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer…

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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…

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The author asserts that, increasingly, courts are expanding the scope of the DFR to require types of relief which, if unchecked, may severely hamper unions in the performance of their…

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