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The NAA agora: What’s right with labor arbitration, and how to keep it that way.

A panel discussion about the roll of the arbitrator, the mentoring and acceptance of new arbitrators, continuing education and training, and best practices.

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An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice given about contract interpretation and public policy.

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Judge Edwards discusses the advantages of arbitration over the litigation of labor disputes, and endorses arbitration for employment disputes, including discrimination.

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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 agreement means, and that should also be the arbitrator’s sole function in fashioning the remedy. The primary authority implicitly granted to the arbitrator is to …

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Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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Mr. Katz, a lawyer representing employers, states “[It] is my own opinion that the apparent recent increase in successful judicial challenges to arbitration decisions and the reluctance of our Supreme Court to grant a greater role to arbitration in our federal labor statutory scheme stems primarily from the tendency of arbitrators to characterize themselves as …

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Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny

A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective bargaining agreement. The author views the arbitrator as the “reader” of the agreement, under terms set by the parties and that, since the parties have agreed to accept an award …

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The role of law in arbitration: Discussion

Discusses areas where Mittenthal, Meltzer, and Howlett are in accord regarding the role of law in arbitration. (See immediately previous articles.) Suggests that, in the vast majority of cases, all three approaches would reach the same result. Also suggests that courts, rather than arbitrators, enforce contracts, and that arbitrators merely interpret contracts. Notes parties could …

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