The author asserts that, increasingly, courts are expanding the scope of the DFR to require types of relief which, if unchecked, may severely hamper unions… Read More »Breach of the duty of fair representation: One union attorney’s view
The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty… Read More »Decisional thinking Chicago Panel reportII. The judges’ perception of the arbitration process
The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of… Read More »Breach of the duty of fair representation: The appropriate remedy
A discussion of the quality of advocacy in labor arbitration and the responsibility of advocates to ensure they do not damage continuing labor-management relations. Panelists… Read More »Title: The quality of adversary presentation in arbitration: A critical view
The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing… Read More »Suggested new approaches to grievance arbitration
A discussion of public employee rights. Due process standards in the public and private sectors are compared, and the “property interest” of public sector employees… Read More »Due process and fair representation in grievance handling in the public sector
A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation… Read More »The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation
A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal –… Read More »Arbitration and federal rights under collective agreements in 1973
The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The… Read More »Judicial review: As arbitrators see it2. Judicial review of employment discrimination arbitrations
A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach… Read More »Arbitration and federal rights under collective bargaining agreements in 1972