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Arbitration and/or the N.L.R.B

A discussion of the N.L.R.B.’s policy with respect to cases allegedly involving both an arbitrable grievance under a collective bargaining agreement and an unfair labor practice under the National Labor…

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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 compulsory a process that was…

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The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.

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 union perspectives are offered on…

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An examination of how values – personal or societal conceptions of the way things ought to be – affect arbitrators’ deliberations….

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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, whereas the ADA will impose…

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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 dismissal is overdue; and that…

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Arbitration and relentless legalization in the workplace

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 Relations Act, there is a…

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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) How widespread will collective bargaining…

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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…

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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 employment regulation is rejected and…

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