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Report of the Committee on Law and Legislation

The Committee presents 16 cases from the courts and the Labor Board that it considers significant for the developmentof the law of labor arbitration.

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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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A supplement to the annual report of the ABA Labor and Employment Law Section Committee on Labor Arbitration and the Law of Collective Agreements. The supplement discusses 1978 cases involving judicial review of arbitration awards, application of the NLRB’s deferral doctrine and status quo injunctions under Boys Markets.

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The annual report of the Academy’s Committee on Law and Legislation includes review of federal appellate level cases in 1976. Included are sections on 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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Right of management to discipline for refusal to cross a picket line

The issue of the right of management to discipline for failure to cross a picket line brings together the variables found in the interpretation of “just cause,” past practice, the “no-strike clause” (if one exists), and public law. This article surveys arbitrators’ decisions on the subject, and offers some conclusions. Commentator Elarbee opines that, if …

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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 or of the DFR by the Union, (2) “duty to arbitrate” cases, and (3) cases seeking enforcement of basic, albeit nascent collective bargaining rights in …

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A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. The Boys’ Market decision had a larger than anticipated impact on the volume of litigation. An anticipated increase in public employment sector litigation …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases where courts have considered the merits of awards.

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