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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…

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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…

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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…

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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…

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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…

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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…

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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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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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