Reflections on the language of the Steelworkers’ Trilogy. The author warns against any construing of “industrial common law” that would allow arbitrators to go outside the corners of the CBA….

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….

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…

The attributes of a well-written arbitration decision are described.

A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of enforcement by the courts. Open…

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 other than those raised by…

An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness of judicial standards and express…

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

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 examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards, and the contesting of citations…