Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction…

Arbitrators Davey, Linn and Parson offer guidance in the consideration of equities when applying the terms of the CBA, as well as other advice on the practice of arbitration.

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…

A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties and can’t is approved but…

A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential function of grievance arbitration under…

A survey of the knowledge and experience of judges, advocates, and arbitrators, as to how their decisions come into being and how they are shaped by their respective institutional frameworks….

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…

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 implications that help to preserve…

National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice because, unless there is a…

“Nothing could be more disastrous than to view a labor contract as a lifeless document unrelated to the struggle of [the people who negotiated it].” “…extreme legalism and formalism have…