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The author distinguishes between the need for arbitrators to be proactive in statutory disputes, as opposed to an otherwise ordinary CBA dispute in which a statutory issue is presented. The former category includes MEPPAA and LMRA Section 302(c)(5) cases, in which the role of the arbitrator is comparable to that of a trial judge.

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Judge Mikva asserts that NLRB deferral to the arbitration process is wrong when the arbitration process does not fairly represent the individual grievant’s rights.

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Revisiting an old battle ground: The subcontracting dispute

A discussion of arbitration decisions concerning limitations on subcontracting. Topics discussed include arbitrability decisions by courts, the duty to bargain over subcontracting, NLRB deferral in subcontracting cases, and the development of arbitration standards in subcontracting disputes. The article includes a table, showing the increasing prevalence of limitations upon subcontracting found in collective bargaining agreements, and …

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A supplement to the annual report of the ABA Labor and Employment Law Section Committee on Labor Arbitration and the Law of Collective Agreements. The supplement discusses 1978 cases involving judicial review of arbitration awards, application of the NLRB’s deferral doctrine and status quo injunctions under Boys Markets.

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A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability to safety disputes – and Alexander v. Gardner-Denver – holding that submitting a dispute to labor arbitration does not preclude a later suit under Title …

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