The author is not referring to legal due process but, rather, “due process” as the exercise of authority with a “due” regard to the balancing of the two kinds of…
The author asserts that problems unique to industrial jurisprudence should give us pause in drawing upon the analogy of the due process protections afforded in other forums. Regarding one constituent…
A discussion of some of the reasons functus officio hinders rather than promotes achievement of the objective of management-labor arbitration and the power of the arbitrator to make monetary awards….
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the…
Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
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, 1966 Proceedings Database
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations…
Implementation of arbitration awards
Ben Fischer, Alexander C. Mekula, George A. Moore, Jr., Laurence F. Seibel, Raymond E. Shetterly
January 1, 1971 Proceedings Database
An examination, through example, of the results that flow from arbitration awards. Arbitrators are accountable for the acceptability of their own awards. Consequently, regardless of the ruling on the merits,…
The parties have a right to expect an arbitrator to answer the question presented, and to resolve that question with a final award when the hearing has concluded. Interim awards,…
The author praises the appellate procedure for reviewing arbitration awards in the newspaper industry.
The author maintains that appellate review of arbitration awards in the newspaper industry is too costly, time-wasting and unproductive.
A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…