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The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do. The author discredits the notions of the labor contract as an employment contract and the recognition clause as an implied limitation on management action.

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Should the scope of arbitration be restricted?

A panel discussion of the papers presented by Francis A. O’Connell and Ben Fischer including the views of the discussants as to whether arbitrators should limit themselves to the language of the contract.

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Do contract rights vest?

An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author draws a distinction between monetary rights that have accrued and have been earned and non-monetary rights exercisable only in futuro. The author concludes that monetary rights such as vacation pay, …

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Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction of collective bargaining agreements is different from that of other contracts; and 3) Lincoln Mills will affect the respective roles of the court and the …

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