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An examination of the problems that arise in arbitration, and recommendations regarding ad hoc tripartite arbitration panels, the advocate as witness, and rules of evidence in arbitration hearings, including the parol evidence rule.

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A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential function of grievance arbitration under the NLRA. Strict adherence to the parol evidence rule, the residual rights construction principle, and general principles of construction for other contracts are sited as …

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The law of contracts: A changing legal environment

Between Harry Shulman’s view that collective bargaining agreements are pacts adopted in complex industrial societies to set up systems for their governance, and the Williston view that a contract is a contract, is the middle ground: collective bargaining agreements as special types of contracts with respect to which the principles of “ordinary” contract law. Professor …

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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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Problems of proof in the arbitration process: Report of the New York Tripartite Committee

Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]

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Problems of proof in the arbitration process: Report of the Chicago Area Tripartite Committee

A discussion of hearing procedures and the rules of evidence. [See also the transcript of the open discussion, 1966 page 110.]

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]

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Problems of proof in the arbitration process: Report of the Pittsburgh Tripartite Committee

A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]

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Past practices and the administration of collective bargaining agreements

The classic discussion of past practice. When does a customary way of doing things become a binding contractual obligation and when may it be changed? Several answers to those questions are analyzed and evaluated. Elson points out that those who negotiate the CBA and those who adopt practices on the shop floor are not the …

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