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Even in the most enlightened American jurisdictions, unorganized private employers need make no positive showing of cause before ridding themselves of an unwanted employee. There are signs [in the 1980’s]…

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Ms. Gelernter questions whether the Court has conflated the public policy purpose of labor arbitration – achieving industrial peace – with the goal of commercial arbitration – the parties’ freedom…

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An assessment of the Pyett decision, in which the Supreme Court validated CBA compulsory arbitration of bargaining unit members’ federal statutory claims. Attorney Barnard examines the CBA language relied upon…

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The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…

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Attorney Kramer proposes that the Pyett-style arbitration clause is unlikely to become commonplace. He examines the Court’s reliance on LMRA Section 301 that preceded the Trilogy and later decisions that…

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In Canada, labour arbitrators routinely adjudicate statutory claims that involve “employment-related statutes,” includinghuman rights legislation. This article discusses the approach taken by advocates, arbitrators, and the courts to these claims,…

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This paper explores situations in which an employee is required as a condition of employment to submit statutory claims to arbitration. Rabin presents a review of court decisions on agreements…

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A discussion of some of the elements that place strains on collective bargaining and the developments necessary to the preservation of free collective bargaining. The author discusses new, creative and…

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