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 a forum that is simpler,…
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 section 301; 2) the construction…
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 arbitration decisions; and (3) the…
Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1967 Proceedings Database
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…
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 that standard of judicial review…
Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions….