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Full-Text Articles in Law
Holistic Strategy For Coming To Grips With The Creeping Legalism Of Labor Arbitration, A, Stephen L. Hayford
Holistic Strategy For Coming To Grips With The Creeping Legalism Of Labor Arbitration, A, Stephen L. Hayford
Journal of Dispute Resolution
The commentary that follows is a call to advocates to take back responsibility for settling the disputes that arise during the life of the collective bargaining agreement by becoming more adept negotiators, able and willing to find and engage the truth and unafraid to lead and make difficult decisions. Only then will the legal machinations and contortions that increasingly plague labor arbitration be rendered unnecessary in most circumstances. I assert that the "creeping legalism" of labor arbitration is a symptom of the too-frequent failure of the contractual grievance procedure to resolve difficult disputes. The conundrum that phenomenon presents can be …
Vacatur Of Labor Arbitration Awards: Watering Down The Supreme Court's Drawn From The Essence Precedent May Sound The Death Knell For Labor Arbitration , Jonathan R. Waldron
Vacatur Of Labor Arbitration Awards: Watering Down The Supreme Court's Drawn From The Essence Precedent May Sound The Death Knell For Labor Arbitration , Jonathan R. Waldron
Journal of Dispute Resolution
In CITGO Asphalt Ref. Co. v. Paper, Allied-Indus., Chem., & Energy Workers Int'l Union Local No. 2-991, the Court of Appeals for the Third Circuit, while merely giving lip service to Supreme Court precedent, further contributes to the situation where many circuit courts insidiously refuse to follow the Supreme Court's prohibition against reaching the merits of a labor arbitrator's award. It would appear that only through renewed Supreme Court vigilance and clarity can this trend be impeded.
Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel
Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel
Journal of Dispute Resolution
The doctrine of functus officio was developed at common law in response to concerns about the "solemnity of judgments" and the effect of outside influences on arbitrators' decisions.2 Although not strictly applied in arbitration that is conducted pursuant to the Labor Management Relations Act,3 the doctrine of functus officio prevents an arbitrator from vacating, modifying, supplementing, or correcting his award . Most courts recognize three narrow exceptions to the doctrine which allow an arbitrator to revisit his award under limited circumstances. This Note examines the application of the "clarification exception" to the doctrine in a labor dispute setting and outlines …
Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Labor Artibitration In Public Agencies: An Unconstitutional Delegation Of Power Or The Waking Of A Sleeping Giant - United Transportation Union V. Southern California Rapid Transit, Karen M. Speiser
Journal of Dispute Resolution
The use of arbitration to resolve labor disputes has become an irreplaceable method of dispute resolution in private enterprises and corporations all over the United States. Arbitration's popularity has come about partially from a realization of the utility of arbitration and partially from government pressure through the enactment of federal statutes. However, the government itself has resisted the imposition of arbitration to resolve disputes between its agencies and their employees. This Note will address some of the issues involved in private arbitration of public agency labor disputes.
Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel
Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel
Journal of Dispute Resolution
This note will explore the history of Section 301 of the Labor Management Relations Act 6 (LMRA) and the preemption doctrine, the development of the wrongful discharge action, the case history involving union employees filing state actions for wrongful discharge, and the effect the Lingle decision will have on business, the judicial system and, most importantly, the body politic of the individual states. Emphasis will be placed on the important role the state legislature will play in determining the exact ramifications of the Supreme Court's decision. Finally, the note will outline and discuss four main options state legislatures have when …