Arbitration and the courts: Is the honeymoon over?
Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions.
Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions.
Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of… Read More »Judicial review: As arbitrators see it1. The disguised review of the merits of arbitration awards
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing… Read More »Ruminations about ideology, law, and labor arbitration
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;… Read More »Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under… Read More »Reflections upon labor arbitration in the light of the Lincoln Mills case
Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in… Read More »Arbitration: A union viewpoint