Arbitration and the courts: The public policy defense
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.
The author gives an overview of the public sector restraints on drug testing, and private sector issues including the unilateral institution of drug testing, drug… Read More »Substance abuse: The problem that won’t go away.1. A Labor perspective
A discussion of judicial reasoning in overturning arbitration awards, with a focus on W. C. Grace. Arbitrators’ application of stare decisis to prior arbitrator awards… Read More »Arbitration in court: Judging the judges
An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness… Read More »Contract Interpretation; Part III: How the courts and the NLRB view arbitrators’ awards
An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement… Read More »Recent law and arbitration: 1. W.R. Grace and Co.: An epilogue to the trilogy?
A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators