A review of new state legislation affecting arbitration, and the impact on federal and state courts of the Steelworkers Trilogy. Included is a listing of cases by subject matter.

In grievances of the right to subcontract where the CBA is silent on the matter, Attorney Clark presents reasons why arbitrators should apply a standard in public sector cases different…

An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…

The author addresses the standards that arbitrators should apply when addressing charges of sexual harassment, and the rights of the accused as well as the employer and alleged victim. Helen…

Judge Easterbrook examines the authority of the arbitrator to reinstate employees where statutory public policy issues pertain. He reiterates the principle that, where third-party consequences do not preclude the employer…

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving…

David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan recommends that arbitrators do their…

A discussion of employee searches, including private vs. public employer searches; searches conducted by law-enforcement representatives; searches of workers entering or leaving employer premises; and searches conducted on general employment…

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying the limited exceptions to the…