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… Read More »The changing character of labor arbitration
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… Read More »Arbitration in a changing environment
Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for… Read More »Whither arbitration?
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… Read More »Arbitration, contract, and public policy
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… Read More »Arbitration in the employer welfare state
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… Read More »Federal sector arbitration
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… Read More »Arbitration and relentless legalization in the workplace
Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those… Read More »Arbitral implications: Hearing the sounds of silence
Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator… Read More »Remedies: New and old problems1. Remedies in arbitration: Old problems revisited
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… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 1. Arbitration of Title VII claims