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 advocated as serving the interests…
A discussion of “the duty of fair representation” arbitration proceedings, in terms of both the union and management responsibility. The author inquires into the arbitrator’s role when it becomes clear…
Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….
The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do. The author discredits the notions…
In 1968, significantly fewer cases involving assertion of rights under collective bargaining agreements were reported than in prior years. The U.S. Supreme Court rendered only one decision relevant to this…
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 issue of the right of management to discipline for failure to cross a picket line brings together the variables found in the interpretation of “just cause,” past practice, the…
A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported…
A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases…