Bernard D. Meltzer
March 16, 1987 Proceedings Database
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 screening techniques, random drug testing, refusal to submit to testing, discipline for positive results, and off-duty possession and use. Judicial review of awards on public policy grounds is discussed.
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 under the same agreement and inclusion of language in awards indicating consideration of legal issues is recommended. Maintaining labor arbitration as a less technical, expensive and time consuming alternative to …
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 of judicial standards and express articulation of legal issues decided in drafting awards is recommended.
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 of arbitration awards, 2) the “finality” of awards and 3) the resolution of jurisdictional issues by both arbitrators and courts.
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 in the arbitration of statutorily-based issues is seen as likely, and the author suggests the publication of arbitration awards in which NLRB charges have been deferred. More clearly articulated standards …