NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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…

Read more

An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the…

Read more

The authors assert that precluding class actions would undermine the private enforcement of important public policies, including nondiscriminationand consumer protection. If class actions are eliminated, economically unfeasible but socially necessary…

Read more

Can an employee’s statutory rights be made the subject of a collectively bargained arbitration agreement? Relevant case law is examined. The author concludes that (except in the Fourth Circuit) when…

Read more

Where is the New Enterprise Wheel? Judicial review of employment arbitration awards

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the…

Read more

Due process and fair representation in grievance handling in the public sector

A discussion of public employee rights. Due process standards in the public and private sectors are compared, and the “property interest” of public sector employees in their employment status and…

Read more

The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under…

Read more

Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by…

Read more

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…

Read more

Arbitral discretion: The tests of just cause

Dunsford posits that Carroll Daugherty’s “seven tests” of just cause are misleading in substance and distracting in application, and disputes that the tests are part of the “common law” of…

Read more
Page 3 of 8 12345...Last page