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An examination of the standards for enforcing an employee’s waiver of the right to judicial resolution of employment disputes (in favor of arbitration). The validity of arbitration agreements under state law (as unconscionable or lacking consideration) is discussed, as is whether various terms of the agreement are fair (e.g., the right of unilateral amendment, allocation …

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The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be contrary to a disabled member’s rights under the ADA. In Goodman v. Lukens, the Supreme Court said that if a union failed to grieve a race discrimination claim, it might …

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The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled that an individual’s waiver of judicial enforcement of a statutory claim is enforceable, as opposed to waiver of such rights by the union for its …

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An examination of findings and recommendations made by state and federal courts since 1955 in matters of alleged misconduct by labor arbitrators. Allegations of arbitral misconduct are more common in commercial arbitration where, the author speculates, the parties are both less informed in their selection of arbitrators and more willing to seek court reversal of …

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A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the obvious case where the contract explicitly references the law, to intermediate cases where the law informs the meaning of unclear language, to the debate begun at the prior year’s Academy …

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An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both where arbitration has been used and where it is available but has not been used; the duty to furnish information relevant to contract administration; and arguably invalid contract clauses. Also …

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

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