Dennis R. Nolan
March 16, 2010 Proceedings Database
A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties and can’t is approved but use of extrinsic evidence to create new obligations is opposed.
An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness of judicial standards and express articulation of legal issues decided in drafting awards is recommended.
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 issued to employers based upon claims that the regulations are vague, unduly burdensome, or unreasonable. The question of the adjudicative body best suited to review …