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
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.
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.
An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons… Read More »The National Labor Relations Act: 1935-1985 (II: The pendulum swings)
A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential… Read More »Contract Interpretation; Part I: The interpretive process: Myths and reality
An argument that arbitrators, who have responsibility over the integrity of the arbitration process under the Supreme Court’s grant of a “free charter,” must ensure… Read More »Legalism in Arbitration; Part I: Legalism – and some comments on illegalisms -in arbitration
An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement… Read More »Recent law and arbitration: 1. W.R. Grace and Co.: An epilogue to the trilogy?
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… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
In negotiating their CBA, the parties to a collective bargaining agreement select “their own brand of industrial justice.” The role of the arbitrator is to… Read More »A meditation on labor arbitration and “his own brand of industrial justice”