public policy

Current challenges and recent developments in four industries 3. A case study of how the courts affect arbitrators and arbitration in the public sector:Illinois and the public policy exception

January 16, 2005February 13, 2019

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… Read More »Current challenges and recent developments in four industries 3. A case study of how the courts affect arbitrators and arbitration in the public sector:Illinois and the public policy exception

Presidential address: Contract reading revisited

March 16, 2000January 30, 2019

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’… Read More »Presidential address: Contract reading revisited

How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.

March 16, 1999January 25, 2019

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… Read More »How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.

Melding external law with the collective bargaining agreement

March 16, 1997January 25, 2019

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… Read More »Melding external law with the collective bargaining agreement

Discipline, discharge, external law and procedure -Roundtable discussion

March 16, 1995January 25, 2019

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 –… Read More »Discipline, discharge, external law and procedure -Roundtable discussion

Conflicts arising out of work force diversity

March 16, 1993January 25, 2019

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… Read More »Conflicts arising out of work force diversity

Life after Misco

January 1, 1989January 25, 2019

A review of public policy challenges since Misco and forecast of further judicial review of labor arbitration awards. The author notes that the litigation to… Read More »Life after Misco

Enforceability of awards. Public policy post-Misco. A union viewpoint and a management viewpoint

March 16, 1988January 25, 2019

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… Read More »Enforceability of awards. Public policy post-Misco. A union viewpoint and a management viewpoint

Enforceability of awards. Public policy post-Misco

March 16, 1988January 25, 2019

Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about… Read More »Enforceability of awards. Public policy post-Misco

Just cause and the troubled employee

January 1, 1988January 30, 2019

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… Read More »Just cause and the troubled employee