Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which, he acknowledges, the courts have…

An examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards, and the contesting of citations…

A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use to assure a full and…

An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice…

An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the CBA….

The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that the arbitrator then present a…

Where a statute has not been incorporated by reference into the CBA, the arbitrator’s application of the statutory standards can yield inequitable results. The author recommends that arbitrators resort to…

The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to…

The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…

The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…