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

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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 …

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Ruminations about ideology, law, and labor arbitration

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 …

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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 …

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