Review of British procedures for processing grievances and disputes, with particular emphasis on procedures in manufacturing. Major distinctions from American procedures include lack of arbitral or court interpretation of language; frequent use of oral agreements; maintenance of status quo and delay of strike action until after conciliation efforts fail; standard notice or payment in lieu …
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 …
Discussion of areas where NLRB and arbitration intersect. Expresses NLRB desire to accommodate and encourage arbitration. Discusses Board policy before and after an award issues and in representation cases. Expresses concern over the viability of Spielberg in light of the theory that arbitrators should confine themselves to the contract ad leave statutory issues to the …
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 …
The arbitrator and the NLRB: Workshop sessions: Workshop D
Howard A. Cole, Norton J. Come, Winston L. Livingston, William M. Saxton
January 1, 1967 Proceedings Database
Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67
Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1967 Proceedings Database
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …
Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1966 Proceedings Database
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; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …