A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported…
The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view…
Judicial review: As the parties see it
Lloyd H. Bailer, Emanuel Dannett, Michael H. Gottesman, Robert M. Landis, Stephen R. Reinhardt
January 1, 1972 Proceedings Database
Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to…
A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported…
An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.
A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…
This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions in discrimination cases should be…
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 willing to incorporate the resolution…
A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an…
The labor contract or the submission agreement defines the authority of the arbitrator. Arbitrators should visit statutory law in a case only if they possess special competence in that area…