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… Read More »Melding external law with the collective bargaining agreement
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… Read More »Arbitration and relentless legalization in the workplace
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… Read More »When should arbitrators follow federal law?
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… Read More »When should arbitrators follow federal law? – Comment
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… Read More »The role of law in arbitration
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… Read More »The role of law in arbitration: A rejoinder
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
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… Read More »The role of law in arbitration: Discussion
Statement of the chairman of the committee on law and legislation
Analysis of returns of the “legislative survey”