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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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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…

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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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Courts, arbitrators and OSHA problems: An overview

An examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards, and the contesting of citations…

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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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Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases…

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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…

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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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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 that conclusion and its usefulness….

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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 that conclusion and its usefulness….

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