Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in a forum that is simpler,…

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 and NLRB policies regarding NLRB…

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…

An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…

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…

A discussion of the labor arbitration model and the need for changes of that the model in a changing society.

A review of the cases and papers that preceded and followed the Trilogy cases.

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…

Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….

Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases…