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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’…

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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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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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National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice because, unless there is a…

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