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A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer or of the DFR by the Union, (2) “duty to arbitrate” cases, and (3) cases seeking enforcement of basic, albeit nascent collective bargaining rights in …

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An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the roles of public policy in labor arbitration in both the private and public sectors are considered. Although public policy concerns inhere in many cases, arbitrators …

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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 in 1970. The Boys’ Market decision had a larger than anticipated impact on the volume of litigation. An anticipated increase in public employment sector litigation …

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the right of management to transfer operations to another plant, whether a labor-management agreement existed, disputes of events transpiring outside the term of the agreement, the …

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In 1968, significantly fewer cases involving assertion of rights under collective bargaining agreements were reported than in prior years. The U.S. Supreme Court rendered only one decision relevant to this report. However, some important determinations were made at the circuit level. the major trend of judicial decision continues to be to send disputes to arbitration …

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Ruminations about ideology, law, and labor arbitration

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 proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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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 individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’ decision that a dispute is not arbitrable after a court determination of arbitrability; suits to confirm or vacate awards; individual breach of contract suits; other …

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

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 of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

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