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The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that the arbitrator then present a…

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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 therapeutic effects that can derive…

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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 effectuate their intent. The author…

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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 function of grievance arbitration under…

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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…

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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 of arbitration awards, 2) the…

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The arbitrator and the NLRB: Workshop sessions: Workshop D

Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67

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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….

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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 quality standards and actively discourage…

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An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice…

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