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Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Keyword
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- Arbitration (108)
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- Publication Year
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- Articles (29)
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- Scholarly Articles in Law Reviews & Journals (4)
- Arbitration Law Review (2009 - Present) (3)
- Publication Type
Articles 691 - 720 of 775
Full-Text Articles in Dispute Resolution and Arbitration
The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick
The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
Editor's Preface, Jeffrey A. Markowitz
Editor's Preface, Jeffrey A. Markowitz
Villanova Law Review (1956 - )
No abstract provided.
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine
Book Chapters
The law seems able to absorb only so many new ideas in a given area at one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate it …
The Duty Of Fair Representation In Grievance Administration: A Specific Test Modeled On Judge Bazelon's Dissent In United States V. Decoster
Washington and Lee Law Review
No abstract provided.
The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams
The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams
BYU Law Review
No abstract provided.
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore J. St. Antoine
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore J. St. Antoine
Book Chapters
The law seems able to absorb only so many new ideas in a given area at any one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate …
Enforcement Of Collective Bargaining Orders In The Third Circuit: The Rise And Fall Of The Armcor Standards, Louis A. Minella
Enforcement Of Collective Bargaining Orders In The Third Circuit: The Rise And Fall Of The Armcor Standards, Louis A. Minella
Villanova Law Review (1956 - )
No abstract provided.
Finality And Fairness In Grievance Arbitration : Whether Allegations Of Unfair Representation Justify Termination Of Arbitration
BYU Law Review
No abstract provided.
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Book Chapters
Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …
The Integrity Of The Arbitral Process, Roger I. Abrams
The Integrity Of The Arbitral Process, Roger I. Abrams
Michigan Law Review
Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Review the question of the role law should play in labor arbitration. Shulman urged "that the law stay out," while Cox argued that courts would come to understand the special nature of the arbitration process and would accordingly limit the extent of judicial intervention. The impact of their discussion has, of course, been mooted by the numerous judicial decisions implanting private arbitration within the federal law of the collective agreement. From the Supreme Court has come a formidable legal superstructure for the labor …
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Articles
Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …
Labor Law—Arbitration And Award—Limits To Arbitral Authority And A Standard Of Review For Arbitral Awards Against Successor Employers—United Steelworkers V. United States Gypsum Co., 492 F.2d 714 (5th Cir.), Cert. Denied 419 U.S. 998 (1974), Eric Richter
Washington Law Review
In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit reviewed an arbitral award against a successor employer. In so doing, the court applied the doctrine which traditionally has governed arbitration awards against parties who have contracted to arbitrate. This note will examine the arbitral process in Gypsum against the background of the successor's duty to arbitrate and the standards evolved to govern this arbitration process. It concludes that the special circumstances under which the successor employer faces arbitration require imposition of cognizable limits on the authority of the arbitrator, subject to the review …
The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd
The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd
Indiana Law Journal
No abstract provided.
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund
Indiana Law Journal
Symposium: A Year of Teacher Bargaining In Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.
Indiana Law Journal
Symposium: A Year of Teacher Bargaining In Indiana
Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews
Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews
Villanova Law Review (1956 - )
No abstract provided.
Labor Law - Arbitration - Presumption Of Arbitrability Applicable To Safety Disputes - Injunction Authorized As Remedy For Breach Of Implied No-Strike Obligation - Objective Evidence Standard Established For Section 502 Of Taft-Hartley Act, Anthony Allen Geyelin
Villanova Law Review (1956 - )
No abstract provided.
Arbitration Of Public Sector Labor Disputes: The Nevada Experiment, Joseph R. Grodin
Arbitration Of Public Sector Labor Disputes: The Nevada Experiment, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
The Ascendency Of Labor-Arbitration And The Confusion Of Labor Arbitrators: A Case Of Congressional Neglect, Walter L. Sales
The Ascendency Of Labor-Arbitration And The Confusion Of Labor Arbitrators: A Case Of Congressional Neglect, Walter L. Sales
Kentucky Law Journal
No abstract provided.
Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin
Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Labor Law - Employee-Oriented Collective Bargaining Agreement In Insufficient Reason To Deny The Issuance Of A Boys Markets Injunction, J. Michael Fieglein
Labor Law - Employee-Oriented Collective Bargaining Agreement In Insufficient Reason To Deny The Issuance Of A Boys Markets Injunction, J. Michael Fieglein
Villanova Law Review (1956 - )
No abstract provided.
Labor Law - Successorship - Post-Transfer Viability Of The Bargaining Unit Forms A Sufficient Basis To Impose A Duty To Bargain Upon An Acquiring Employer Even Where The Absence Of Any Connection Between The Predecessor And Successor Precludes More Extensive Liability, Philip M. Cullen Iii
Villanova Law Review (1956 - )
No abstract provided.
Disciplinary Discharges, Arbitration And Nlrb Deference, James B. Atleson
Disciplinary Discharges, Arbitration And Nlrb Deference, James B. Atleson
Buffalo Law Review
No abstract provided.
Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine
Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine
Book Chapters
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 …
Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher
Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher
Villanova Law Review (1956 - )
No abstract provided.
Dispute Settlement In The Public Sector, Harry H. Rains
Dispute Settlement In The Public Sector, Harry H. Rains
Buffalo Law Review
No abstract provided.
Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey
Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey
University of Michigan Journal of Law Reform
When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …