NAARB - Serving the U.S. and Canada Since 1947

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The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view their grant of authority narrowly. constraints in fashioning remedies, possible complicity of the union in the discriminatory conduct, and an apparent reluctance by arbitrators to …

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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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