Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and… Read More »Remedies: New and old problems – Another view
The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the… Read More »The coming end of arbitration’s golden age.
The issue of the right of management to discipline for failure to cross a picket line brings together the variables found in the interpretation of… Read More »Right of management to discipline for refusal to cross a picket line
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… Read More »Arbitration and federal rights under collective agreements in 1971
National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice… Read More »The presidential address – management rights revisited
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301;… Read More »Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
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;… Read More »Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by… Read More »Arbitrators and the remedy power
An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author… Read More »Do contract rights vest?
A discussion of (1) the relationship between arbitration under a CBA and a suit for damages under the Taft Hartley Act, (2) the arbitration of… Read More »Arbitration in the federal courts: Aftermath of the Trilogy