An annual report of the Academy’s Committee on Law and Legislation, including a review of 500 Federal appellate level cases relating to the labor-management arbitral… Read More »Arbitration and federal rights under collective agreements in 1974
A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach… Read More »Arbitration and federal rights under collective bargaining agreements in 1972
An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal… Read More »The role of arbitration in state and national labor policy
A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the… Read More »The role of law in arbitration
Reiterates position previously taken that, where there appears to be an irrepressible conflict between a labor agreement and the law, the arbitrator typically should follow… Read More »The role of law in arbitration: A rejoinder
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
Discusses areas where Mittenthal, Meltzer, and Howlett are in accord regarding the role of law in arbitration. (See immediately previous articles.) Suggests that, in the… Read More »The role of law in arbitration: Discussion
Discussion of areas where NLRB and arbitration intersect. Expresses NLRB desire to accommodate and encourage arbitration. Discusses Board policy before and after an award issues… Read More »The national labor policy, the NLRB, and arbitration
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing… Read More »Ruminations about ideology, law, and labor arbitration
An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both… Read More »The arbitrator and the NLRB: Arbitration and the NLRB – a second look