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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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A discussion of (1) the relationship between arbitration under a CBA and a suit for damages under the Taft Hartley Act, (2) the arbitration of grievances that allege conduct that…

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Discussion of means of framing the issues and proposed remedies before arbitration, and the costs of failure to do so

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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In 1968, significantly fewer cases involving assertion of rights under collective bargaining agreements were reported than in prior years. The U.S. Supreme Court rendered only one decision relevant to this…

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A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported…

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported…

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Arbitrators and arbitrability

A discussion of the problems of “arbitrability” as it applies to the domain of the arbitrator and as distinguished from that of the courts. Challenges to jurisdiction or authority despite…

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Arbitrators and the remedy power

An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by the courts as to the…

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Arbitrability and the arbitrator’s jurisdiction

An examination of the differences between arbitrability and jurisdiction. Author Justin posits that an arbitrator serves as parties’ agent, with the arbitrator’s award viewable as a contract of settlement, and…

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