The role of private bargaining and grievance arbitration in eliminating discrimination in the workplace.In Emporium Capwell Co. v. Western Addition, the Court held that the… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 1. Arbitration of Title VII claims
The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical… Read More »Arbitration of discrimination grievances
Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective… Read More »Arbitration and DiscriminationI. Arbitration of employment discrimination cases: A prospectus for the future.
Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not… Read More »Arbitration and DiscriminationII. A modest proposal for the immediate future.
An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing… Read More »Arbitration and DiscriminationIII. The parties’ process and the public’s purposes
This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions… Read More »Post-Gardner-Denver developments in arbitration law
The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are… Read More »Post-Gardner-Denver developments in the arbitration of discrimination claims
A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver.… Read More »Arbitration of employment discrimination cases: an empirical study
An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.
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