The only significant statutory developments involving labor arbitration that came to the Committee’s attention were those in NewYork. They are discussed in Section I of the Report. The survey of…
The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement…
The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.
A panel discussion covering a wide range of topics about the arbitration and litigation of labor-management matters, and the decision-making process associated with each.
Decisional thinking: New York panel report
Christopher A. Barreca, Thomas G.S. Christensen, Wayne E. Howard, Morris E. Lasker, Alvin B. Rubin, Howard Schulman
March 16, 1980 Proceedings Database
The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in…
A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the…
NAA President Kagel warns of the increasingly legalistic environment for labor arbitration caused by the spill-over of practices from the courts and from private commercial dispute resolution (including employment disputes)….