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The similarity between the arbitrator’s function in interpreting and applying the agreement and a judge’s function in interpreting and applying a statute is addressed, as is the ability of an arbitrator to make decisions in areas in which the arbitrator is peculiarly competent, and in which the courts or administrative agencies may lack competence.

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Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced. Such laws may be deemed to be incorporated automatically into contracts, and parties may reasonably expect that law to affect the award. Morris takes issue, …

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A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the obvious case where the contract explicitly references the law, to intermediate cases where the law informs the meaning of unclear language, to the debate begun at the prior year’s Academy …

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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both where arbitration has been used and where it is available but has not been used; the duty to furnish information relevant to contract administration; and arguably invalid contract clauses. Also …

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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

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