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… Read More »NLRB deferral to arbitration:still alive and kicking
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… Read More »The arbitration of statutory disputes:Management perspective
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… Read More »Arbitration and relentless legalization in the workplace
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… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
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… Read More »Remedies: New and old problems1. Remedies in arbitration: Old problems revisited
Significant developments for 1980 – including statutory, judicial, and related activity – in public employment disputes settlement at federal, state, and local levels in the… Read More »Significant developments in public employment disputes settlement during 1980
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… Read More »Revisiting an old battle ground: The subcontracting dispute
The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the… Read More »The coming end of arbitration’s golden age.
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… Read More »The NLRB and arbitration: Some impressions of the practical effect of the Board’s Collyer policy upon arbitrators and arbitration
A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal –… Read More »Arbitration and federal rights under collective agreements in 1973