The duty of fair representation is examined: The union is the certified and exclusive representative of all the employees in the unit, including the disaffected grievant. Unless there is conclusive…
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 in the performance of their…
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 in accepting the narrow scope…
Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1966 Proceedings Database
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations…
Title: The quality of adversary presentation in arbitration: A critical view
Anthony T. Oliver, Jr., Eva Robins, Bernard W. Rubenstein, Ralph T. Seward
January 1, 1979 Proceedings Database
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 discuss the importance of a…
Due process and fair representation in grievance handling in the public sector
Bernard F. Ashe, William P. Murphy, Herbert Prashker, Donald H. Wollett
January 1, 1977 Proceedings Database
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 in their employment status and…
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 the buck” to the arbitrator;…
A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…
The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation
Lester Asher, Bernard Dunau, Robert H. Kleeb, Leo Kotin, Clyde W. Summers
January 1, 1974 Proceedings Database
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 [“DFR”] in contract negotiations and…
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 of contract by the employer…