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The State Of External Law's Effect On The Arbitration Process. Iii. A Commentary On The External Law Papers And Iv. Panel Discussion, Theodore J. St. Antoine, Marilyn S. Teitelbaum, Robert Vercruysse

Book Chapters

Marilyn Teitelbaum: I think I have the best of all worlds because I can read these great papers, without having to prepare one of my own, and like all lawyers I like to talk. So, I can share my views, that sometimes diverge from both of the views just presented, particularly the view from the management perspective.

In one part of Ted St. Antoine’s paper that was not discussed with you today, he says that the external law question may be a “tempest in a tea pot.” My words would be similar—“much ado about nothing.” I think there is a …

External Law In Arbitration Hard-Boiled, Soft-Boiled, And Sunny-Side Up, Theodore J. St. Antoine

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Thirty-seven years ago Bernie Meltzer and the late Bob Howlett squared off at our annual meeting in a classic confrontation on an issue that refuses to die. What should an arbitrator do when there is a seemingly irreconcilable conflict between a provision of a collective bargaining agreement and the dictates of external law? Professor Meltzer was the hard-boiled logician. Arbitrators' proper domain is the parties' contract, said he, and we "should respect the agreement and ignore the law" when the two diverge. Howlett took the softer, more accomodating approach. He reasoned that "every agreement incorporates all applicable law" and so …

Presidential Address: Contract Reading Revisited, Theodore J. St. Antoine

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A quarter century ago, in a presentation at the Academy’s annual meeting, I used the phrase “contract reader” to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body which has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: “What’s the big deal about contract reading, anyway? Isn’t it just the same as contract interpretation?” Or, more substantively scathing: “Do you really think, Ted, that all you have to do to interpret a labor agreement is to …

Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine

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Following is the partial text of an address delivered at the August 10, 1970, meeting of the American Bar Association's Section of Labor Relations Law by Theodore J. St. Antoine, Professor of Law, University of Michigan, and Secretary of the Section of Labor Relations Law of the American Bar Association. The portion of the address reproduced deals with the Supreme Court's Boys Markets decision relating to injunctions against strikes in violation of no-strike contracts and the Court's H. K. Porter decision involving the NLRB' s authority to order a party to agree to a substantive provision in a collective bargaining …