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Arbitrators and arbitrability

A discussion of the problems of “arbitrability” as it applies to the domain of the arbitrator and as distinguished from that of the courts. Challenges to jurisdiction or authority despite…

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Section 301 – problems and prospects

A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section 301; some of the jurisdictional…

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A discussion of the limits on an arbitrator’s authority to fix damages, and of the methods of computing damages including compensatory, punitive and liquidated damages….

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

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 compel or stay arbitration; arbitrator’s’…

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Ruminations about ideology, law, and labor arbitration

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 arbitration decisions; and (3) the…

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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 where arbitration has been used…

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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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Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review…

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

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; parties to the action, obligations…

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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 obvious case where the contract…

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