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The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the arbitrator with such authority. The parties should also consider whether they want classwide claims heard by an arbitrator.

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The Revised Uniform Arbitration Act: Third leg of modern arbitration law

A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the Act, and the likely impact of the Act. An employee perspective on mandatory employment arbitration and the RUAA is given, including the importance of discovery and the awarding of attorneys …

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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 each, the common threshold issues of consent and substantive arbitrability, and the bases of judicial vacatur of each are discussed. The author proffers that a …

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How the Trilogy was made.

Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in the Steelworkers Trilogy and other cases. He also describes the “well-planned litigation strategy” that brought the Trilogy cases before the Court, and the Court’s rulings on the enforcement, under Section …

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An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a stronger rule of preclusion in collective bargaining arbitration cases – a rule that may remove a court’s discretion to deny preclusion where the arbitration meets …

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Reflections on labor arbitration

A discussion of the labor arbitration model and the need for changes of that the model in a changing society.

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A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of enforcement by the courts. Open issues of statutes of limitation, judicial review, arbitral immunity and duty of fair representation are raised.

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A review of the cases and papers that preceded and followed the Trilogy cases.

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Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review has resulted in courts straying into the interpretation of pertinent contract terms when considering challenges to the enforcement of an award. Although reviewing courts are …

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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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