Statement of the chairman of the committee on law and legislation

Analysis of returns of the “legislative survey”…

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…

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…

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…

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…

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….

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…

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…

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…