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An examination of the causes of the widespread and severe underfunding of defined benefit pension plans, and of the limited options left for coping with it.

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The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under each, the common threshold issues of consent and substantive arbitrability, and the bases of judicial vacatur of each are discussed. The author proffers that a …

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Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of appeal to the Court of Appeals for the Federal Circuit, or for filing exceptions with the Federal Labor Relations Authority. Types of statutory claims often …

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The author distinguishes between the need for arbitrators to be proactive in statutory disputes, as opposed to an otherwise ordinary CBA dispute in which a statutory issue is presented. The former category includes MEPPAA and LMRA Section 302(c)(5) cases, in which the role of the arbitrator is comparable to that of a trial judge.

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An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a stronger rule of preclusion in collective bargaining arbitration cases – a rule that may remove a court’s discretion to deny preclusion where the arbitration meets …

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President Anderson provides a brief historical survey of labor arbitration in the United States, both grievance and interest, and cautions arbitrators to discharge so as not to overlook or ignore the material facts, or the contract, or the applicable law, and to perform their work carefully, correctly and ethically.

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An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons other than those raised by Paul Weiler [see 1985, page 37] for the decline in the unionized workforce. (Includes table of automotive/UAW wage increases 93-94.)

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An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement of arbitration awards, 2) the “finality” of awards and 3) the resolution of jurisdictional issues by both arbitrators and courts.

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The annual report of the Academy’s Committee on Law and Legislation includes review of 450 Federal appellate level cases in 1975. Included are Supreme Court decisions; enforcement of the right to arbitrate; conduct of arbitration and enforcement of awards; specialized court actions; and arbitration and the NLRB.

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An annual report of the Academy’s Committee on Law and Legislation, including a review of 500 Federal appellate level cases relating to the labor-management arbitral process and enforcement of contractual rights under Section 301 of the Labor-Management Relations Act. Included are sections on Supreme Court decisions; enforcement of the right to arbitrate; conduct of arbitration …

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