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Ms. Gelernter questions whether the Court has conflated the public policy purpose of labor arbitration – achieving industrial peace – with the goal of commercial arbitration – the parties’ freedom…

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An assessment of the Pyett decision, in which the Supreme Court validated CBA compulsory arbitration of bargaining unit members’ federal statutory claims. Attorney Barnard examines the CBA language relied upon…

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Attorney Kramer proposes that the Pyett-style arbitration clause is unlikely to become commonplace. He examines the Court’s reliance on LMRA Section 301 that preceded the Trilogy and later decisions that…

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