An examination of the issues that arbitrators will face, arising from bankruptcies and the impact of the Employee Retirement Income Security Act (ERISA). Management and… Read More »The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.
An examination of how values – personal or societal conceptions of the way things ought to be – affect arbitrators’ deliberations.
A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs,… Read More »Legislation, discrimination, and benefits: Part 1. Americans with Disabilities Act and Civil Rights: Effect on arbitration
Howard Block proposes that courts should no longer adhere to the employment-at-will doctrine in the private sector; that legislation protecting private sector employees against unfair… Read More »Presidential address: Toward a “kinder and gentler” society
An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor… Read More »Arbitration and relentless legalization in the workplace
Prof. Kochan addresses the future of collective bargaining and its implications for labor arbitration. He considers two questions about the future of collective bargaining: 1)… Read More »Labor arbitration and collective bargaining in the 1990s: An economic analysis
A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased… Read More »The National Labor Relations Act: 1935-1985 (I: Milestone or millstone: The Wagner Act at fifty)
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… Read More »The National Labor Relations Act: 1935-1985 (II: The pendulum swings)
A review of wrongful discharge litigation in California, and of the judicially-recognized exceptions to the common-law principle of employment at will. Unfair dismissal legislation is… Read More »Recent law and arbitration: 2. Reflections on wrongful discharge litigation and legislation
The author maintains that, under Collyer, deferral has been distorted to mean a national policy in favor of arbitrating all disputes involving contract terms, making… Read More »Courts, arbitrators, and the NLR: The nature of the deferral beast