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Full-Text Articles in Contracts
Discharge In The "Law" Of Arbitration, Roland P. Wilder Jr.
Discharge In The "Law" Of Arbitration, Roland P. Wilder Jr.
Vanderbilt Law Review
The vast majority of arbitrators will refuse to find just cause unless the discharge penalty bears some reasonable relation to the seriousness of the grievant's offense. They believe it to be their responsibility to determine whether the "punishment fits the crime" by realistically appraising the wrongful act's deleterious effects on the industrial community. If the grievant's proven offense appears to merit discipline short of discharge, the arbitrator usually will feel compelled to modify the discharge penalty in favor of some lesser degree of discipline. Since this amounts to a review of the penalty imposed by management, there is a substantial …
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Vanderbilt Law Review
The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …
Arbitrability Under Collective Bargaining Agreements, Clyde H. Brockett Jr., William Merlin
Arbitrability Under Collective Bargaining Agreements, Clyde H. Brockett Jr., William Merlin
Vanderbilt Law Review
Under many collective bargaining contracts calling for arbitration of disputes, sooner or later a question has arisen whether the arbitrator has authority and power to arbitrate a particular issue. While this is obviously an oversimplification, it is a statement of the problem of arbitrability. Involuntary arbitration of labor disputes the question of the "scope of arbitration" may arise in either of two situations: (1) in the formulation of new contracts; or (2) in the disposition of grievances under existing contracts. This Note will consider only arbitration of the latter type.