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Arbitration And Judicial Review, Theodore J. St. Antoine
Arbitration And Judicial Review, Theodore J. St. Antoine
Other Publications
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 that 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 …
Arbitration Agreements Between Employers And Employees: The Sixth Circuit Says The Eeoc Is Not Bound - Eeoc V. Frank's Nursery & (And) Crafts, Inc., Earl D. Kraus
Journal of Dispute Resolution
In Frank's Nursery, however, the EEOC pursued court action against an employer that included monetary relief for the employee even though there was an individual arbitration agreement between the employer and employee.5 Should the arbitration agreement restrict the EEOC from bringing such action? Currently, there is a split in the circuits on this issue. According to the Sixth Circuit in Frank's Nursery, the EEOC is not bound by the arbitration agreement and, therefore, can pursue court action against the employer that includes monetary relief on behalf of the employee.6 The Second Circuit, however, has not allowed the EEOC to pursue …
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Articles
A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …