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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…

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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…

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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…

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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…

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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…

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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….

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