Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Dispute Resolution and Arbitration
Overextension Of Arbitral Authority: Punitive Damages And Issues Of Arbitrability—Raytheon Co. V. Automated Business Systems, Inc., 882 F.2d 6 (1st Cir. 1989), Douglas R. Davis
Overextension Of Arbitral Authority: Punitive Damages And Issues Of Arbitrability—Raytheon Co. V. Automated Business Systems, Inc., 882 F.2d 6 (1st Cir. 1989), Douglas R. Davis
Washington Law Review
Recently, commercial arbitrators' authority to award a full spectrum of remedies has greatly increased. In Raytheon Co. v. Automated Business Systems, Inc., the United States Court of Appeals for the First Circuit affirmed an arbitral award of punitive damages. The court upheld the award despite the arbitrators' failure to address a prehearing objection to the arbitrability of such sanctions. This Note concludes that courts should require arbitrators to resolve pre-hearing challenges to their authority and recommends that arbitrators interpret broadly-drafted arbitration clauses to encompass only traditional contract remedies.
Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn
Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn
Articles
Labor, as embodied by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), is perceived by many as a monolithic force but, in reality, is composed of a coalition of sometimes competing interests. Not surprisingly, and often raucously, the unions within the AFL-CIO compete for members in both representation and work assignment disputes. Traditional legal doctrine implies that National Labor Relations Board (NLRB or Board) proceedings present the only means to resolve inter-union disputes and that these disputes can be understood solely as legal issues; however, this is not the case. For almost thirty years, the AFL-CIO has …