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How the Trilogy was made.

Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in the Steelworkers Trilogy and other cases. He also describes the “well-planned litigation strategy” that brought the Trilogy cases before the Court, and the Court’s rulings on the enforcement, under Section …

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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.

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Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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Report of the Committee on Law and Legislation

The Committee presents 16 cases from the courts and the Labor Board that it considers significant for the developmentof the law of labor arbitration.

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The annual report of the Academy’s Committee on Law and Legislation includes review of 450 Federal appellate level cases in 1975. Included are Supreme Court decisions; enforcement of the right to arbitrate; conduct of arbitration and enforcement of awards; specialized court actions; and arbitration and the NLRB.

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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 to safety disputes – and Alexander v. Gardner-Denver – holding that submitting a dispute to labor arbitration does not preclude a later suit under Title …

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A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer or of the DFR by the Union, (2) “duty to arbitrate” cases, and (3) cases seeking enforcement of basic, albeit nascent collective bargaining rights in …

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A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. The Boys’ Market decision had a larger than anticipated impact on the volume of litigation. An anticipated increase in public employment sector litigation …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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An examination of 1968 litigation involving (1) the rights of employees under Section 301; (2) some general judicial problems arising under Section 301 (including actions cognizable under the Section, the right of management to transfer operations to another plant, whether a labor-management agreement existed, disputes of events transpiring outside the term of the agreement, the …

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