NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the …

Read more

The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the arbitrator with such authority. The parties should also consider whether they want classwide claims heard by an arbitrator.

Read more

Judicial review of labor arbitration awards:The view from the bench

An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth Circuit Court of Appeals (since Misco) in which the Court has refused to enforce arbitrators’ decision based upon the “essence” standard. This is followed by …

Read more

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 followed. The second was “The Impact of External Law upon Labor Arbitration. By “external law” Professor Feller meant public law and not the law of …

Read more

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 the Steelworkers Trilogy and other cases. He also describes the “well-planned litigation strategy” that brought the Trilogy cases before the Court, and the Court’s rulings on the enforcement, under Section …

Read more

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 from the choice of hearing site, informality of the hearing, and the role of the arbitrator. In the comments that follow, the authors opine that …

Read more

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: If the evidence is revealed when discovered, and in sufficient time for the Union to prepare a defense, the employer is entitled to present it and the arbitrator is obligated …

Read more

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. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

Read more

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. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

Read more

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

Read more
Page 1 of 4 1234