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…

The annual report of the Academy’s Committee on Law and Legislation includes review of 450 Federal appellate level cases in 1975. Included are Supreme Court decisions; enforcement of the right…

A review of public policy challenges since Misco and forecast of further judicial review of labor arbitration awards. The author notes that the litigation to vacate arbitrators’ awards, even if…

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…

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) be enforceable and impervious to…

The labor contract or the submission agreement defines the authority of the arbitrator. Arbitrators should visit statutory law in a case only if they possess special competence in that area…

An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the…

A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer…

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…