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 grievances that allege conduct that…

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 the courts as to the…

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 draws a distinction between monetary…

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…

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; determination of whether a contract…

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 because, unless there is a…

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…

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 “just cause,” past practice, the…

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…

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 equitable remedies, unless proscribed by…