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Dispute Resolution and Arbitration Commons

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1990

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Institution
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Articles 91 - 93 of 93

Full-Text Articles in Dispute Resolution and Arbitration

The Legal Framework Of Labor Arbitration In The Private Sector, Theodore J. St. Antoine Jan 1990

The Legal Framework Of Labor Arbitration In The Private Sector, Theodore J. St. Antoine

Other Publications

As indicated by Professor Morris's thorough historical survey, arbitration has gone almost the whole distance from being an outcast of the law to being a darling of the law. Arbitration-the use of impartial outsiders selected by private parties themselves to resolve a dispute between them-was regarded by the early common law judges as an attempt to usurp the courts' own function. For a long time in both England and America, the courts would generally not enforce an executory agreement to arbitrate. A judicial remedy would be available only if a party was refusing to comply with an award that had …


Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn Jan 1990

Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn

Articles

Labor, as embodied by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), is perceived by many as a monolithic force but, in reality, is composed of a coalition of sometimes competing interests. Not surprisingly, and often raucously, the unions within the AFL-CIO compete for members in both representation and work assignment disputes. Traditional legal doctrine implies that National Labor Relations Board (NLRB or Board) proceedings present the only means to resolve inter-union disputes and that these disputes can be understood solely as legal issues; however, this is not the case. For almost thirty years, the AFL-CIO has …


Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman Jan 1990

Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman

Articles

No single issue between lawyer and client arises more frequently or generates more public resentment than fee problems. Ethical tenets urge lawyers to resolve fee 4isputes without resort to litigation. Where such procedures exist, attorneys are admonished to submit disputes to arbitration. In several jurisdictions, arbitration has gained endorsement from bar associations as the preferred method of fee dispute resolution.