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… Read More »Invited papers: 2. “We didn’t have time to train the monkeys!” The 2002 Presidential Board of Inquiry on the work stoppage in the West Coast ports.
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… Read More »The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.
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… Read More »Distinguished Speaker: Arbitration in an evolving legal environment:A mediator’s perspective.
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… Read More »Half a century of arbitral decision-making: Roots, branches, leaves and flowers
President Murphy reviews the history of the labor movement in the United States, and the founding and development of the National Academy.
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… Read More »The National Labor Relations Act: 1935-1985 (I: Milestone or millstone: The Wagner Act at fifty)
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… Read More »The National Labor Relations Act: 1935-1985 (II: The pendulum swings)
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… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
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… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the… Read More »The coming end of arbitration’s golden age.