Jacquelin F. Drucker, William J. Usery, Jr.
March 16, 2001 Proceedings Database
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.
The author encourages the use of neutrals in arbitration and mediation to resolve community conflicts. He notes the desire of individual citizens “to play a part in shaping his destiny and in protecting and furthering his interests.. to participate.” Many conflicts dividing America relate to problems of human relations – the “outs” pressuring the “ins” …