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…

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…

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, whereas the ADA will impose…

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…

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…

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…

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…

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….

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’…