In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration….
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 bargaining agreement, they conclude that…
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 done, considered and not considered.”…
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 various cases, the author emphasizes…
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…
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. In each case, an agreement…
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.
The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty in accepting the narrow scope…
Arbitrators, judges, and lawyers consider questions of law commonly considered by federal appellate courts reviewing NLRB decisions and the kinds of questions of law ordinarily considered by trial judges considering…
Decisional thinking: West Coast panel report:Conclusion and Panel discussion
Reginald H. Alleyne, Irving Bernstein, Howard S. Block, Jerome C. Byrne, Roland C. Davis, Warren J. Ferguson, Malcolm M. Lucas, R. King McCulloch, Mariana R. Pfaelzer
March 16, 1980 Proceedings Database
The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and a broad range of subjects…