An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning:… Read More »The arbitrator’s remedial powers
Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those… Read More »Arbitral implications: Hearing the sounds of silence
The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full… Read More »Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters
A review of the cases and papers that preceded and followed the Trilogy cases.
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
An examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards,… Read More »Courts, arbitrators and OSHA problems: An overview
A discussion of arbitration decisions concerning limitations on subcontracting. Topics discussed include arbitrability decisions by courts, the duty to bargain over subcontracting, NLRB deferral in… Read More »Revisiting an old battle ground: The subcontracting dispute
A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
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… Read More »The role of arbitration in state and national labor policy
The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do.… Read More »Should the scope of arbitration be restricted? The labor arbitrator: Judge or Legislator