The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.

Academy President Barrett states that the common law of the shop has developed as a result of arbitrators’ decisions that have spelled out what guidelines must be followed by the parties. Nonetheless, he advises that where the law of the shop has been well-defined, drawing increasingly fine distinctions can end up lacking substantial difference, and …

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 proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction of collective bargaining agreements is different from that of other contracts; and 3) Lincoln Mills will affect the respective roles of the court and the …