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…
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…
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…
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 the agreement and ignore the…
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…
Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Joseph Brandschain, David L. Cole, Clair V. Duff, I. Robert Feinberg, Charles O. Gregory, Edgar A. Jones, Jr., Sanford H. Kadish, J. Keith Mann, Herbert L. Sherman, Jr., Clyde W. Summers, Jerre S. Williams
January 1, 1966 Proceedings Database
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations…
Discussion of the exponential growth of public employee unionism in the past decade and disputes peculiar to the federal sector and to state and municipal units. Includes discussion of representation…
Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB…
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 where arbitration has been used…
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 arbitration decisions; and (3) the…