The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical… Read More »Arbitration of discrimination grievances
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped… Read More »Decisional thinkingNew York panel report
The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining.… Read More »Arbitration: toward a rebirth
The author advocates minimum requirements for coverage by and explicitness in health care plans, including that disputes arising under such plans be subject to arbitration.
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
Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not… Read More »Arbitration and DiscriminationII. A modest proposal for the immediate future.
An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing… Read More »Arbitration and DiscriminationIII. The parties’ process and the public’s purposes
Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective… Read More »Arbitration and DiscriminationI. Arbitration of employment discrimination cases: A prospectus for the future.
This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions… Read More »Post-Gardner-Denver developments in arbitration law
The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are… Read More »Post-Gardner-Denver developments in the arbitration of discrimination claims