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Conflicts arising out of work force diversity

A review of the anti-discrimination laws and their application by the Courts. Arbitrators are advised to educate themselves with the requirements of the statutes, and not rely on the parties…

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Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness….

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President Anderson provides a brief historical survey of labor arbitration in the United States, both grievance and interest, and cautions arbitrators to discharge so as not to overlook or ignore…

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Arbitration and the courts

The author predicts greater judicial encroachment on the sovereignty of labor arbitrators.

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The author examines the public policy grounds on which courts vacate labor arbitrators’ awards….

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A discussion of judicial reasoning in overturning arbitration awards, with a focus on W. C. Grace. Arbitrators’ application of stare decisis to prior arbitrator awards under the same agreement and…

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An examination of the functioning of the Teamsters joint grievance committees, and how those committees fall short of established standards for adjudicatory processes. Inadequacy of evidence, use of ex parte…

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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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Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong

Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the…

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A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose…

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