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Full-Text Articles in Law

Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams Mar 2001

Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams

Roger I. Abrams

In this article, the author analyzes the labor arbitration of Atlanta Braves pitcher John Rocker whose interview in Sports Illustrated had caused quite a stir in Major League baseball. Rocker had expressed his personal distain for all minorities and “unusual” people who might ride the number 7 subway train to Shea Stadium in New York City. The Commissioner’s suspension of Rocker was substantially modified by the permanent arbitrator and Professor Abrams explains the basis for the award and how it fits into the established jurisprudence under collective bargaining agreements.


The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine Jan 2001

The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine

Other Publications

A century ago the legal specialty of most members of this audience would have been known as Master and Servant Law. By the time my generation entered law school, the Decennial Dgest had just added a new topic - Labor Relations Law. That of course dealt with collective bargaining and union-management relations generally. Now, a half century further along, we might seem to have come full circle, to judge by the lectures of the two eminent jurists who inaugurated this series. Both Abner Mikva and Richard Posner spoke on highly important and timely subjects, and yet those would be classified, …


Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb Jan 2001

Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb

Marquette Sports Law Review

No abstract provided.


A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper Jan 2001

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.


Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey Jan 2001

Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.


A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper Jan 2001

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Faculty Scholarship

No abstract provided.


Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine Jan 2001

Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine

Articles

Can a privately negotiated arbitration agreement deprive employees of the statutory right to sue in court on claims of discrimination in employment because of race, sex, religion, age, disability, and similar grounds prohibited by federal law? Two leading U.S. Supreme Court decisions, decided almost two decades apart, reached substantially different answers to this questionand arguably stood logic on its head in the process. In the earlier case of Alexander v. Gardner-Denver Co., involving arbitration under a collective bargaining agreement, the Court held an adverse award did not preclude a subsequent federal court action by the black grievant alleging racial discrimination. …


The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine

Articles

A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent close of what he described as labor arbitration's "golden age." I have expressed reservations about that characterization, insofar as it suggested an impending shrinkage in the stature of arbitration. But Professor Feller was right on target in one important respect. Labor arbitration was going to change dramatically from the autonomous institution in the relatively self-contained world of union-management relations which it had been from the end of World War II into the 1970s. When the subject matter was largely confined to union-employer agreements, arbitration …