Dunsford posits that Carroll Daugherty’s “seven tests” of just cause are misleading in substance and distracting in application, and disputes that the tests are part… Read More »Arbitral discretion: The tests of just cause
A review of public policy challenges since Misco and forecast of further judicial review of labor arbitration awards. The author notes that the litigation to… Read More »Life after Misco
President Anderson provides a brief historical survey of labor arbitration in the United States, both grievance and interest, and cautions arbitrators to discharge so as… Read More »Presidential address: Labor arbitration today
Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying… Read More »Enforceability of awards. Public policy post-Misco. A union viewpoint and a management viewpoint
Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions.
The author gives an overview of the public sector restraints on drug testing, and private sector issues including the unilateral institution of drug testing, drug… Read More »Substance abuse: The problem that won’t go away.1. A Labor perspective