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The only significant statutory developments involving labor arbitration that came to the Committee’s attention were those in NewYork. They are discussed in Section I of the Report. The survey of…

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Arbitrator Aaron opines that the immediate effects of Lincoln Mills may be disruptive of industrial relations, because most judges are both poorly informed on the subject and have attitudes that…

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Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny

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 bargaining agreement. The author views…

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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 disclosure while avoiding the legal…

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Courts, arbitrators and OSHA problems: An overview

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, and the contesting of citations…

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Recent supreme court decisions and the arbitration process

Reflections on the language of the Steelworkers’ Trilogy. The author warns against any construing of “industrial common law” that would allow arbitrators to go outside the corners of the CBA….

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The arbitrator’s remedial powers

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: If the evidence is revealed…

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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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Arbitral implications: Hearing the sounds of silence

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 implications that help to preserve…

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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. The author discredits the notions…

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