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A prediction that the future will bring a move from the bilateral structure of labor relations to a trilateral structure: one that recognizes the importance of the interest of the…

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Just cause and the troubled employee

A discussion of whether, in assessing the appropriateness of discipline or discharge, arbitrators should take into account “distractions” (such as the employee’s marital, family, financial or legal problems) that cause…

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Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….

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Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to the parties’ negotiated language and…

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An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice…

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The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under…

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Melding external law with the collective bargaining agreement

A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use to assure a full and…

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Discipline, discharge, external law and procedure -Roundtable discussion

A roundtable discussion, based upon hypothetical examples, of off-duty misconduct as cause for discharge. Subjects addressed include representation of the employee by independent counsel – a plea of guilty vs….

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Conflicts arising out of work force diversity

A review of the anti-discrimination laws and their application by the Courts. Arbitrators are advised to educate themselves with the requirements of the statutes, and not rely on the parties…

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Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying the limited exceptions to the…

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