NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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…

Read more

Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract…

Read more

Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the…

Read more

Judicial review of labor arbitration awards:The view from the bench

An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth…

Read more

The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

Read more

The role of law in arbitration: Discussion

Discusses areas where Mittenthal, Meltzer, and Howlett are in accord regarding the role of law in arbitration. (See immediately previous articles.) Suggests that, in the vast majority of cases, all…

Read more

In negotiating their CBA, the parties to a collective bargaining agreement select “their own brand of industrial justice.” The role of the arbitrator is to effectuate their intent. The author…

Read more

A summary of court decisions and opinions that serve as instructive touchstones on topics that overlap with grievances submitted to arbitration.

Read more