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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB…

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Section 301 – problems and prospects

A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section 301; some of the jurisdictional…

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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…

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A discussion of (1) the relationship between arbitration under a CBA and a suit for damages under the Taft Hartley Act, (2) the arbitration of grievances that allege conduct that…

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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…

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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…

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The author reviews the developing federal system of labor law and discusses the allocation of responsibility for the regulation of labor relations between states and the federal government. He opines…

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The author, a former director of the FMCS, opposes the “statutory emergency approach” to resolving labor disputes. He cites the national public policy favoring voluntary collective bargaining as a “measure…

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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…

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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…

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