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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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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 and in representation cases. Expresses…

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An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness of judicial standards and express…

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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…

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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 role of law in arbitration: Discussion

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 vast majority of cases, all…

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The coming end of arbitration’s golden age.

The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the 1960’s, with an increase in…

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The annual report of the Academy’s Committee on Law and Legislation includes review of federal appellate level cases in 1976. Included are sections on Supreme Court decisions; enforcement of the…

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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 obvious case where the contract…

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An examination of the history and current status of NLRB deferral (of unfair labor practice charges) to arbitration of disputes arising under a collective bargaining relationship.

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