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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 fair representation and its obligation to refrain from unlawful discrimination. He examines the practical effect of that ruling, and important questions that the Court left unanswered.

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How the Trilogy was made.

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 cases. He also describes the “well-planned litigation strategy” that brought the Trilogy cases before the Court, and the Court’s rulings on the enforcement, under Section …

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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 precept on its head: it requires that workers not be treated the same. The ADA does not support resolution of such disputes by arbitration under a CBA. The author examines …

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Professional responsibilities of arbitrators

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, and when recusement is appropriate.And Alexander Porter addresses the issues arising when concerns about payment of the arbitrator arise.

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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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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 employees’ substantive rights under Title VII cannot be pursued at the expense of orderly collective bargaining under the NLRA. If the union is unable or unwilling to press the discrimination …

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Duty of fair representation: The role of the arbitrator

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 role when it becomes clear that there is a pending or a feasible future claim that the union had failed in its duty of fair representation.

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The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of fair representation has been made – is to refer the dispute back to the contractual arbitration procedure for further processing.

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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 in the performance of their duties. Specifically, if unions are required to pursue expensive litigation on behalf of individual members, a burden will be placed on their financial resources and …

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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 the buck” to the arbitrator; “fair representation” concerns; the tendency for “legalistic” proceedings; and the increasing involvement of external law. Suggested new approaches include pre-hearing disclosure of facts and offers …

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