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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB…

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In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration….

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An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the…

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Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….

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Binding grievance arbitration is not structured to resolve civil and individual rights disputes that occur within the workplace, to alleviate logjams of grievances or to involve public employers uncertain of…

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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 tendency of arbitrators to view…

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An examination of the development and implementation of the EEOC’s voluntary mediation program, and discussion of proposed legislation: the National Employment Dispute Resolution Act (or ‘NEDRA”)….

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A discussion, reprinted from the Industrial and Labor Relations Review 24 (April, 1971), of sex discrimination in the workplace, the impact of Title VII of the Civil Rights Act of…

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Reasonable accommodation in the workplace: New developments in the United States and Canada

An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.

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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 bargaining agreement, they conclude that…

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