A discussion of (1) the relationship between arbitration under a CBA and a suit for damages under the Taft Hartley Act, (2) the arbitration of grievances that allege conduct that…

Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which, he acknowledges, the courts have…

President Murphy reviews the history of the labor movement in the United States, and the founding and development of the National Academy.

Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions….

The author examines the public policy grounds on which courts vacate labor arbitrators’ awards….

Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness….

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 the limited exceptions to the…

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…

Judge Mikva asserts that NLRB deferral to the arbitration process is wrong when the arbitration process does not fairly represent the individual grievant’s rights….