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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 section 301; 2) the construction…

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Employee job rights versus employer job control: The arbitrator’s choice

An analysis of the notion that an employee’s right to his job is a property right. An analogy is drawn between the CBA and the Constitution, the arbitrator and the…

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The author views labor as an equal partner with management, and the management rights clause as recognition of solely the fact that it is management that acts, and the union…

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The arbitration of disputes over subcontracting

Analyzing the small number of arbitration decisions then published on the subject (64), the author finds few consistent themes – and attributes this to inconsistency in the behavior of the…

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Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve…

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The author defines “management rights” as the “residue of existing functions which remain after collective bargaining negotiations,” within which area management is free to act without restriction. The author conceives…

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Professor Bairstow asks “Can management seek out highly qualified professionals willing to involve themselves in the maintenance of high standards, encourage them to solve problems on their own, and then…

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A historical perspective of labor law during the 50-years of the Academy’s existence, including the Taft-Hartley Act; the publication of arbitrators’ awards; The Proceedings of the Academy; the development of…

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Arbitrators and arbitrability

A discussion of the problems of “arbitrability” as it applies to the domain of the arbitrator and as distinguished from that of the courts. Challenges to jurisdiction or authority despite…

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A discussion of the changes associated with technology that impact job privileges and job security, including the need for new devices to satisfy business requirements, workers’ demands and those of…

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