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This paper contains a description of the measures that can be invoked for strikes deemed “national emergencies,” and the realities faced in their application. The Act’s statutory procedure, the 2002 Executive Order creating the Board of Inquiry for the ILWU West Coast lockout (of which Board the author was a member), and the Board’s report …

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The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.

An examination of the issues that arbitrators will face, arising from bankruptcies and the impact of the Employee Retirement Income Security Act (ERISA). Management and union perspectives are offered on both subjects.

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Bill Usery is introduced and his career described, and his career is described. Secretary Usery then gives a brief history of labor arbitration in the U.S., and the contribution made by the Academy.

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A historical perspective of labor law during the 50-years of the Academy’s existence, including the Taft-Hartley Act; the publication of arbitrators’ awards; The Proceedings of the Academy; the development of workers’ protection against unjust dismissal; and the implications of “management rights.”

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President Murphy reviews the history of the labor movement in the United States, and the founding and development of the National Academy.

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An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons other than those raised by Paul Weiler [see 1985, page 37] for the decline in the unionized workforce. (Includes table of automotive/UAW wage increases 93-94.)

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A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased employment regulation is rejected and reforms within the current statutory and regulatory framework are recommended. Use of federalism and drawing from the Canadian experience is also recommended. [see also 1985, …

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A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase in the arbitration of statutorily-based issues is seen as likely, and the author suggests the publication of arbitration awards in which NLRB charges have been deferred. More clearly articulated standards …

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Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny

A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective bargaining agreement. The author views the arbitrator as the “reader” of the agreement, under terms set by the parties and that, since the parties have agreed to accept an award …

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The coming end of arbitration’s golden age.

The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the 1960’s, with an increase in the federal regulations overlaying the terms and conditions of employment. The author reviews external law and collective bargaining agreements, and concludes that there are probably …

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