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… Read More »Presidential address: Labor arbitration today
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… Read More »Enforceability of awards. Public policy post-Misco
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… Read More »Enforceability of awards. Public policy post-Misco. A union viewpoint and a management viewpoint
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… Read More »Privatization, outsourcing and subcontracting1. United States experience: A management viewpoint
Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1)… Read More »The arbitration process: 2. Arbitral craftsmanship and competence
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.
The author predicts greater judicial encroachment on the sovereignty of labor arbitrators.
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… Read More »Arbitration in court: Judging the judges
A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of… Read More »Arbitration without neutrals: Joint committees and boards: 1. The legal background