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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations…

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Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction…

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Arbitrator Brogan examines recent public utility arbitration decisions, the subjects of which include the transfer of work outside the bargaining unit, the reassignment of work to other unit employees, and…

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Arbitrator Das describes the history of contracting-out in the Steel industry prior to the 1986 CBA negotiations and the extensive provisions, then agreed upon and largely still in effect, which…

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Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve…

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In grievances of the right to subcontract where the CBA is silent on the matter, Attorney Clark presents reasons why arbitrators should apply a standard in public sector cases different…

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A review of arbitration decisions, comparing contracts that contain a “maintenance of conditions” provision with contracts that do not. The result of that review: standards for the arbitrator’s decisions and…

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Downsizing, in response to competition and automation, often results in reallocation of remaining jobs; reclassifications; revised job duties, wage rates and job schedules; and subcontracting. The authors address, respectively, the…

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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 author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do. The author discredits the notions…

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