A discussion of how labor arbitration fits within the framework of existing institutions, and an examination of the attitudes of arbitrators, the courts and the agencies (e.g. the NLRB) toward…

Professor Cox asserts the need to create new processes to encourage cooperation between government, organizations, and individuals whose activities are directly affected by government. He proposes, as a model, the…

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 employees’ substantive rights under Title…

An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor Relations Act, there is a…

David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan recommends that arbitrators do their…

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving…

Judge Easterbrook examines the authority of the arbitrator to reinstate employees where statutory public policy issues pertain. He reiterates the principle that, where third-party consequences do not preclude the employer…

Professor Rothstein posits that employers are assuming governmental functions, carrying out or responding to legislation that uses the workplace to address social problems, including non-economic problems, and that arbitrators are…

Chairman McKee discusses the authority of the Federal Labor Relations Authority to set aside arbitrators’ decisions involving federal statute if found to be contrary to law, rule or regulation, or…

The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and…