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The law of contracts: A changing legal environment

Between Harry Shulman’s view that collective bargaining agreements are pacts adopted in complex industrial societies to set up systems for their governance, and the Williston view that a contract is a contract, is the middle ground: collective bargaining agreements as special types of contracts with respect to which the principles of “ordinary” contract law. Professor …

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]

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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. The author discredits the notions of the labor contract as an employment contract and the recognition clause as an implied limitation on management action.

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