In his third address to the Academy, Wirtz summarizes the problems of the railroad industry, illustrating why private institutions must take public interests into account. The advent of new conflict…
An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.
A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…
The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are willing to incorporate the resolution…
The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical limits of arbitration under collective…
A discussion of the challenges to arbitrators posed by increasing workplace diversity of age, race, sex, religion and ethnicity in the United States and in Canada, and what influences arbitrators…
The predominance of single-parent and dual-worker households has greatly increased the tension that employees feel between responsibilities to their jobs and responsibilities to their families. Labor arbitrators most commonly encounter…
The authors consider whether arbitrators may be influenced by the gender and other traits of the grievant, or by the arbitrator’s own gender, race, political ideology or other subconscious factors….