A review of published cases discloses that plant closings have given rise to numerous disputes over the existence of restrictions on the employer’s right to take such action, and the availability of employee benefits. However, no new theories of contract rights have evolved.
A review of published cases discloses that plant closings have given rise to numerous disputes over the existence of restrictions on the employer’s right to take such action, and the availability of employee benefits. However, no new theories of contract rights have evolved.
An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the right of management to transfer operations to another plant, whether a labor-management agreement existed, disputes of events transpiring outside the term of the agreement, the …
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 …
Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1967 Proceedings Database
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …
An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author draws a distinction between monetary rights that have accrued and have been earned and non-monetary rights exercisable only in futuro. The author concludes that monetary rights such as vacation pay, …
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 …
An analysis of the notion that an employee’s right to his job is a property right. An analogy is drawn between the CBA and the Constitution, the arbitrator and the Supreme Court. Several theories of construction, including the balancing of management rights with seniority rights, are identified and explored.