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AAA/FMCS update: A view from the top

Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends

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A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties and can’t is approved but use of extrinsic evidence to create new obligations is opposed.

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A defense of greater adherence to more formal rules of evidence and more formalized procedures in arbitration to protect finality and assure certainty and fairness.

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A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase in the arbitration of statutorily-based issues is seen as likely, and the author suggests the publication of arbitration awards in which NLRB charges have been deferred. More clearly articulated standards …

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Significant developments for 1980 – including statutory, judicial, and related activity – in public employment disputes settlement at federal, state, and local levels in the United States and in Canada.

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The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being fully proficient, based solely on Academy membership or a full case schedule. He recommends continuing study of the laws affecting labor, gaining an understanding of rules of evidence (even if …

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The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are willing to incorporate the resolution of discrimination claims, with reference to existing law, in bargaining agreements. Also suggested is the deferral of EEOC cases to arbitral review, with arbitration costs …

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The NLRB and arbitration: Some impressions of the practical effect of the Board’s Collyer policy upon arbitrators and arbitration

An examination, by NLRB General Counsel, of the NLRB’s rules for deferring to labor arbitration in unfair labor practice cases. The history of the deferral doctrine is traced from the 1955 Spielberg decision through the 1971 Collyer decision. The discussion includes the potential impact of deferral on the arbitration process, the role of the arbitrator, …

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A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability to safety disputes – and Alexander v. Gardner-Denver – holding that submitting a dispute to labor arbitration does not preclude a later suit under Title …

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A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer or of the DFR by the Union, (2) “duty to arbitrate” cases, and (3) cases seeking enforcement of basic, albeit nascent collective bargaining rights in …

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