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Just cause across industries: V. public sector

The panelists discuss just cause in public sector (non-federal).

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The author examines the public policy grounds on which courts vacate labor arbitrators’ awards….

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An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness of judicial standards and express…

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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the…

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In 1968, significantly fewer cases involving assertion of rights under collective bargaining agreements were reported than in prior years. The U.S. Supreme Court rendered only one decision relevant to this…

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Discussion of means of framing the issues and proposed remedies before arbitration, and the costs of failure to do so

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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 the agreement and ignore the…

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review…

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The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view…

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