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A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of enforcement by the courts. Open issues of statutes of limitation, judicial review, arbitral immunity and duty of fair representation are raised.

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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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Report of the Committee on Law and Legislation – 1964

Report of the Committee on Law and Legislation

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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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