How the Trilogy was made.
Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in… Read More »How the Trilogy was made.
Steelworkers Trilogy
Presidential address: Bye bye Trilogy, hello arbitration
Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will… Read More »Presidential address: Bye bye Trilogy, hello arbitration
The arbitration hearing: Part 2. Arbitral therapy
In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically… Read More »The arbitration hearing: Part 2. Arbitral therapy
Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
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… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
Arbitration and the courts: Part 3. NLRB deferral to arbitration
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.
The arbitrator’s remedial powers
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:… Read More »The arbitrator’s remedial powers
The Code and post-award arbitral discretion
The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers… Read More »The Code and post-award arbitral discretion
Life after Misco
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
Enforceability of awards. Public policy post-Misco
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… Read More »Enforceability of awards. Public policy post-Misco
Enforceability of awards. Public policy post-Misco. A union viewpoint and a management viewpoint
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