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Report of the Committee on Law and Legislation

The Committee presents 16 cases from the courts and the Labor Board that it considers significant for the developmentof the law of labor arbitration.

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The author surveys interest arbitration in the newspaper publishing industry and maintains that a single principle has prevailed: that “Arbitrators will leave the parties where they found them unless the party which seeks a change . . . demonstrates that sufficient changes have occurred which warrant the alteration of the previous bargain.” Proof of such …

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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

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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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Should the scope of arbitration be restricted?

A panel discussion of the papers presented by Francis A. O’Connell and Ben Fischer including the views of the discussants as to whether arbitrators should limit themselves to the language of the contract.

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A discussion of the changes associated with technology that impact job privileges and job security, including the need for new devices to satisfy business requirements, workers’ demands and those of their households, and unions. The author discusses the arbitrator’s role as interpreter of the contract, and the need for the arbitrator to consider the circumstances …

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A discussion of the problems inherent in reconciling the static language of the collective bargaining agreement with the pressures for industrial change and development. The author discusses the problems associated with the various meanings of the word “job,” the basis of wage payments, and the concept of past practice.

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A discussion of the changes associated with technology that impact job privileges and job security, including the need for new devices to satisfy business requirements, workers’ demands and those of their households, and unions. The author discusses the arbitrator’s role as interpreter of the contract, and the need for the arbitrator to consider the circumstances …

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Arbitration and/or the N.L.R.B

A discussion of the N.L.R.B.’s policy with respect to cases allegedly involving both an arbitrable grievance under a collective bargaining agreement and an unfair labor practice under the National Labor Relations Act. The author examines the potential conflict between arbitration and Board decisions in three general areas: the individual discharge; the refusal to supply information …

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