Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….
National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice because, unless there is a…
A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential function of grievance arbitration under…
Commenting on Arbitrator Mittenthal’s paper describing the virture of narrowly-focused rationale in contract interpetation cases [DRW 2009-335], Attorney Smith states that advocates would be wise to include, in their closing…
A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties and can’t is approved but…
Arbitrators Davey, Linn and Parson offer guidance in the consideration of equities when applying the terms of the CBA, as well as other advice on the practice of arbitration.
The Chronicle
- The arbitrator and the NLRB: The arbitrator, the NLRB, and the courts
- Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965
- Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
- Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
- Employer neutrality and card checks 2. Navigating the uncharted seas of negotiated tranquility: A management perspective on employer neutrality agreements and card checks
- New dimensions in public-sector grievance arbitration: 2. Some recent developments in public-sector grievance arbitration: A view from New York
- Statutory Rights and Arbitrator Authority: Labor Arbitration after Pyett I. Statutory Rights in Labor Arbitration after Pyett
- Ramifications of back-pay awards in suspension and discharge cases.II. Ramifications of back pay in suspension and discharge cases
- Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
- Advisory arbitration of new contracts: a case study2. Why advisory arbitration of new contracts