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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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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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Collective bargaining and the arbitrator

A discussion of the two “permanent problems” of labor arbitration: the role of the arbitrator and the appropriate principles of interpretation of collective bargaining agreements….

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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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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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Should the scope of arbitration be restricted?

A panel discussion of the papers presented by Francis A. O’Connell and Ben Fischer including the views of the discussants as to whether arbitrators should limit themselves to the language…

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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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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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Revisiting an old battle ground: The subcontracting dispute

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 subcontracting cases, and the development…

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