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The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be contrary to a disabled member’s rights under the ADA. In Goodman v. Lukens, the Supreme Court said that if a union failed to grieve a race discrimination claim, it might …

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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. This is followed by an analysis of the results of a survey of Academy members concerning their experience and their self-defined expertise in disputes dependent on Federal law and judicial …

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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. This is followed by an analysis of the results of a survey of Academy members concerning their experience and their self-defined expertise in disputes dependent on Federal law and judicial …

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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 their grant of authority narrowly. constraints in fashioning remedies, possible complicity of the union in the discriminatory conduct, and an apparent reluctance by arbitrators to …

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Judicial review: As the parties see it

Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to only minor, ad hoc labor disputes with no far-reaching impact, or because they believe that arbitrators possess a special competence. In the area of discrimination …

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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 or of the DFR by the Union, (2) “duty to arbitrate” cases, and (3) cases seeking enforcement of basic, albeit nascent collective bargaining rights in …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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