Review of processes for resolving impasses over new public sector contracts. Discusses major objectives unique to the public sector and means of achieving them.
Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1966 Proceedings Database
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations…
The author rejects the compulsory arbitration of contract terms in the public sector: “Essentially, our union has learned, as the civil rights movement and the labor movement had to learn,…
An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the…
The British Columbia Labour Code requires collective bargaining agreements to include arbitration of unresolved grievances, both discharge and discipline (for “just and reasonable cause” only), and problems related to technological…
Labor arbitrators are experiencing an increase in the scope of cases outside the CBA, while the authority and power of parties and the authority of arbitrators have been circumscribed by…
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…
A statement of opposition to mandatory employment arbitration as a condition of employment, and caution that Academy members should evaluate the fairness of the arbitration procedures in light of the…
Professor Grodin examines four U.S. Supreme Court decisions. The first deals with setting aside a labor arbitrator’s award that conflicts with “public policy”; the second with judicial authority to overrule…
Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can blunt, if not entirely eliminate,…
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment