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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…

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Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967

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; determination of whether a contract…

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An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the…

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The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation

A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation [“DFR”] in contract negotiations and…

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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…

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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…

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A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…

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Due process and fair representation in grievance handling in the public sector

A discussion of public employee rights. Due process standards in the public and private sectors are compared, and the “property interest” of public sector employees in their employment status and…

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An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the…

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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