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
The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do.… Read More »Should the scope of arbitration be restricted? The labor arbitrator: Judge or Legislator
A panel discussion of the papers presented by Francis A. O’Connell and Ben Fischer including the views of the discussants as to whether arbitrators should… Read More »Should the scope of arbitration be restricted?
An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author… Read More »Do contract rights vest?
Analyzing the small number of arbitration decisions then published on the subject (64), the author finds few consistent themes – and attributes this to inconsistency… Read More »The arbitration of disputes over subcontracting