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…
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….
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…
The author predicts greater judicial encroachment on the sovereignty of labor arbitrators.
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards….
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…
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…
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…
Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong
Michael H. Campbell, Erwin B. Ellman, Robert H. Nichols, Dennis R. Nolan
March 16, 1992 Proceedings Database
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…
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…