Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
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… Read More »Ruminations about ideology, law, and labor arbitration
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… Read More »The arbitrator and the NLRB: The arbitrator, the NLRB, and the courts
Discussion of procedural questions in arbitration regarding pre-hearing statements or briefs, pre-hearing conferences, and discovery. Emphasizes the needs to avoid undue formalism and legalisms and… Read More »Prehearing arbitration problems: A panel discussion: Applicability of pretrial procedures to arbitration
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA;… Read More »Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Report of the Committee on Law and Legislation – 1965
Report of the Committee on Law and Legislation
An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by… Read More »Arbitrators and the remedy power
A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section… Read More »Section 301 – problems and prospects
The author asserts that arbitrators pay heed to safeguards that have attended centuries of judicial decision making; that they should value precedent to the extent… Read More »Current criticisms of labor arbitration