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A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose…

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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…

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The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty in accepting the narrow scope…

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Employee job rights versus employer job control: The arbitrator’s choice

An analysis of the notion that an employee’s right to his job is a property right. An analogy is drawn between the CBA and the Constitution, the arbitrator and the…

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Attorney Katz examines the integration of seniority rights in U.S. airline mergers and the complexity of the decisions facing arbitrators.

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Examines the relationship between ability and seniority in the context of the “pessimistic” theory – that the use of seniority as a factor in promotions impairs productivity and individual initiative….

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The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be contrary to a disabled member’s…

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Jay Kramer (NY Labor Rels Bd) asserts that seniority is a contractual grant rather than common-law right, and therefore must be considered in the context of the CBA. Arbitrator Hill,…

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The author suggests an inconsistency in Prof. Healy’s paper [1955, page 45], in that it seems to decry the prevalence of seniority over ability as a factor in the employment…

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A review of research on the relationship – between seniority and job performance – after reinstatement in discharge cases. The arbitral rationale for treating seniority as a mitigating factor in…

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