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Significant developments for 1980 – including statutory, judicial, and related activity – in public employment disputes settlement at federal, state, and local levels in the United States and in Canada….

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The NLRB and arbitration: Some impressions of the practical effect of the Board’s Collyer policy upon arbitrators and arbitration

An examination, by NLRB General Counsel, of the NLRB’s rules for deferring to labor arbitration in unfair labor practice cases. The history of the deferral doctrine is traced from the…

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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…

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Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the…

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The coming end of arbitration’s golden age.

The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the 1960’s, with an increase in…

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Revisiting an old battle ground: The subcontracting dispute

A discussion of arbitration decisions concerning limitations on subcontracting. Topics discussed include arbitrability decisions by courts, the duty to bargain over subcontracting, NLRB deferral in subcontracting cases, and the development…

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A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase in the arbitration of statutorily-based…

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Arbitration and relentless legalization in the workplace

An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor Relations Act, there is a…

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The author distinguishes between the need for arbitrators to be proactive in statutory disputes, as opposed to an otherwise ordinary CBA dispute in which a statutory issue is presented. The…

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An examination of the history and current status of NLRB deferral (of unfair labor practice charges) to arbitration of disputes arising under a collective bargaining relationship.

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