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An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a stronger rule of preclusion in collective bargaining arbitration cases – a rule that may remove a court’s discretion to deny preclusion where the arbitration meets …

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This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions in discrimination cases should be “accorded such weight as the court deems appropriate.” The author argues that Gardner-Denver “will not signal the demise” of arbitration, pointing out that 1) the …

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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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