Attorney Brennwald suggests that, in Pyett, the Court might entrust the enforcement of statutory rights to the union’s discretion, subject only to its duty of… Read More »Individual Rights v. Collective Interests: Can a Public Employer and a Union Collectively Bargain a Valid Waiver of Public Employees’ Constitutional Rights?
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… Read More »How the Trilogy was made.
Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that… Read More »Changing values in the workplace and arbitration: Labor perspective
Richard Block discusses whether and under what conditions arbitrators should agree to serve as expert witnesses.Walter Gershenfeld discusses when disclosure is required of an arbitrator,… Read More »Professional responsibilities of arbitrators
A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.
The role of private bargaining and grievance arbitration in eliminating discrimination in the workplace.In Emporium Capwell Co. v. Western Addition, the Court held that the… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 1. Arbitration of Title VII claims
A discussion of “the duty of fair representation” arbitration proceedings, in terms of both the union and management responsibility. The author inquires into the arbitrator’s… Read More »Duty of fair representation: The role of the arbitrator
The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of… Read More »Breach of the duty of fair representation: The appropriate remedy
The author asserts that, increasingly, courts are expanding the scope of the DFR to require types of relief which, if unchecked, may severely hamper unions… Read More »Breach of the duty of fair representation: One union attorney’s view
The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing… Read More »Suggested new approaches to grievance arbitration