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The author advocates the “reasonable accommodation” standard for speech in the workplace: i.e., that speech should be limited only on a strong showing that it will cause serious workplace disruption. A historical perspective is given, and various scenarios evaluated.

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Subcontracting in the 1990s

An examination of the law governing subcontracting (where the CBA is silent) in Canada and the United States is given. This is followed by an union advocate’s presentation of on the history of the law re: subcontracting in the United States and a request that arbitrators be mindful that statutory bargaining requirements are implicit in …

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How the Trilogy was made.

Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in the Steelworkers Trilogy and other cases. He also describes the “well-planned litigation strategy” that brought the Trilogy cases before the Court, and the Court’s rulings on the enforcement, under Section …

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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

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The arbitrator and the NLRB: Workshop sessions: Workshop B

Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67

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An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both where arbitration has been used and where it is available but has not been used; the duty to furnish information relevant to contract administration; and arguably invalid contract clauses. Also …

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Section 301 – problems and prospects

A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section 301; some of the jurisdictional problems encountered; the extent to which the federal courts have been willing to use their equity powers under Section 301; and some observations on the …

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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 reported cases is set forth in Section II. It is headed by the currentdecisions of the United States Supreme Court, followed by federal courts of …

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