A discussion of some of the elements that place strains on collective bargaining and the developments necessary to the preservation of free collective bargaining. The author discusses new, creative and…

Even in the most enlightened American jurisdictions, unorganized private employers need make no positive showing of cause before ridding themselves of an unwanted employee. There are signs [in the 1980’s]…

The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…

Attorney Kramer proposes that the Pyett-style arbitration clause is unlikely to become commonplace. He examines the Court’s reliance on LMRA Section 301 that preceded the Trilogy and later decisions that…

This paper explores situations in which an employee is required as a condition of employment to submit statutory claims to arbitration. Rabin presents a review of court decisions on agreements…

An assessment of the Pyett decision, in which the Supreme Court validated CBA compulsory arbitration of bargaining unit members’ federal statutory claims. Attorney Barnard examines the CBA language relied upon…

Ms. Gelernter questions whether the Court has conflated the public policy purpose of labor arbitration – achieving industrial peace – with the goal of commercial arbitration – the parties’ freedom…

In Canada, labour arbitrators routinely adjudicate statutory claims that involve “employment-related statutes,” includinghuman rights legislation. This article discusses the approach taken by advocates, arbitrators, and the courts to these claims,…