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Judge Mikva asserts that NLRB deferral to the arbitration process is wrong when the arbitration process does not fairly represent the individual grievant’s rights.

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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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A colloquium on the arbitration process

A discussion of whether arbitration satisfies the needs of the parties with respect to expediency, expense and justice. Also discussed is whether management and labor share a common interest in the use of arbitration.

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The author explores two major lines of criticism of the labor arbitration process: The cost – time-lag – formality problem, and the management rights problem. The author discusses the alternatives to arbitration, such as slow-down, strike, lockout and labor courts.

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