Reiterates position previously taken that, where there appears to be an irrepressible conflict between a labor agreement and the law, the arbitrator typically should follow… Read More »The role of law in arbitration: A rejoinder
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
Discusses areas where Mittenthal, Meltzer, and Howlett are in accord regarding the role of law in arbitration. (See immediately previous articles.) Suggests that, in the… Read More »The role of law in arbitration: Discussion
An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both… Read More »The arbitrator and the NLRB: Arbitration and the NLRB – a second look
A discussion of the problems inherent in reconciling the static language of the collective bargaining agreement with the pressures for industrial change and development. The… Read More »Work Assignments and industrial change: Reexamining traditional concepts
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… Read More »Reflections upon labor arbitration in the light of the Lincoln Mills case
“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].”… Read More »Problem areas in arbitration