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Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases…

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A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the obvious case where the contract…

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The role of law in arbitration: Discussion

Discusses areas where Mittenthal, Meltzer, and Howlett are in accord regarding the role of law in arbitration. (See immediately previous articles.) Suggests that, in the vast majority of cases, all…

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Reiterates position previously taken that, where there appears to be an irrepressible conflict between a labor agreement and the law, the arbitrator typically should follow the agreement and ignore the…

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Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….

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Melding external law with the collective bargaining agreement

A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use to assure a full and…

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Statement of the chairman of the committee on law and legislation

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The labor contract or the submission agreement defines the authority of the arbitrator. Arbitrators should visit statutory law in a case only if they possess special competence in that area…

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Arbitration and relentless legalization in the workplace

An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor Relations Act, there is a…

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