The role of law in arbitration
A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the… Read More »The role of law in arbitration
A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the… Read More »The role of law in arbitration
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
Discusses areas where Mittenthal, Meltzer, and Howlett are in accord regarding the role of law in arbitration. (See immediately previous articles.) Suggests that, in the… Read More »The role of law in arbitration: Discussion
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing… Read More »Ruminations about ideology, law, and labor arbitration
An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both… Read More »The arbitrator and the NLRB: Arbitration and the NLRB – a second look
Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions… Read More »The arbitrator and the NLRB: The arbitrator, the NLRB, and the courts
Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301;… Read More »Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to… Read More »Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA;… Read More »Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966