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Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine

Articles

The Commission on the Future of Worker-Management Relations, the so-called "Dunlop Commission," is focusing on three principal subjects: (1) union organizing, (2) worker participation in management decision making, and (3) alternative dispute resolution (ADR). I am going to concentrate on the last, but first I would like to say a few words about union organizing. After all, unionization and collective bargaining - and for that matter, worker participation as well - can fairly be viewed as special forms of alternative dispute resolution.

Negotiating In Good Faith: Management's Obligation To Maintain The Status Quo During Collective Bargaining Under The Railway Labor Act - International Ass'n Of Machinists & Aerospace Workers V. Transportes Aereos Mercantiles Pan Americandos, S.A., Jay M. Dade

Journal of Dispute Resolution

When an employer and employee-representative union engage in collective bargaining negotiations, their negotiating activities are covered under the auspices of the Railway Labor Act.2 The Act, particularly applicable today in the tumultuous airline industry, established a rather elaborate mechanism for negotiation, mediation, voluntary arbitration, and conciliation to avoid interruptions to interstate commerce, to protect employees' freedom of association with respect to labor unions, and to provide prompt and orderly dispute settlements. 3 Indispensable to this scheme, Section 152, First of the Act imposes a statutory obligation upon the parties to such negotiations to bargain in good faith.4 In International Ass …

The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges

Law Faculty Publications

This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....

Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of …

The Steelworkers Trilogy In The Public Sector, Ann C. Hodges

Law Faculty Publications

This article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive …

Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine

Articles

A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …

Foreword, The Editors

University of Miami Law Review

No abstract provided.

Deferral, Waiver, And Arbitration Under The Nlra: From Status To Contract And Back Again, Dennis O. Lynch

University of Miami Law Review

No abstract provided.

The Differing Nature Of The Weingarten Right To Union Representation In The Nlrb And Arbitral Forums, Steven J. Silverman

University of Miami Law Review

No abstract provided.

Employee Drug Testing: Federal Courts Are Redefining Individual Rights Of Privacy, Will Labor Arbitrators Follow Suit?, Geoffrey T. Kirk

University of Miami Law Review

No abstract provided.

Essay: Statutory Rights And Arbitral Values: Some Conclusions, Dennis O. Lynch

University of Miami Law Review

No abstract provided.

Arbitration And Selective Discipline Of Union Officials After Metropolitan Edison, Cathy M. Stutin

University of Miami Law Review

No abstract provided.

Distinguishing Arbitration And Private Settlement In Nlrb Deferral Policy, Michael K. Northrop

University of Miami Law Review

No abstract provided.

Arbitral Treatment Of Subcontracting After Milwaukee Spring Ii: Much Ado About Nothing?, Kenneth M. Kirsner

University of Miami Law Review

No abstract provided.

Successorship Doctrine, The Courts And Arbitrators: Common Sense Or Dollars And Cents?, Jeffrey M. Landau

University of Miami Law Review

No abstract provided.

Merging The Rla And The Nlra For Eastern Air Lines: Can It Fly?, Elizabeth L. Cocanougher

University of Miami Law Review

No abstract provided.

A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski

University of Michigan Journal of Law Reform

The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine

Book Chapters

Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly

Washington and Lee Law Review

No abstract provided.

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.

The Labor Board And The Arbitrators, Theodore J. St. Antoine

Other Publications

The Labor Relations Law Section of the State Bar of Michigan held its second program of the current year, from May 27 through May 30, 1967 on Mackinaw Island, on a variety of subject matters with excellent presentations by the resource people conducting each of the various symposiums. Those who were unable to be present in this joint venture of pleasure and legal presentations will be able to at least vicariously "gather in the sheaves" of the legal wisdom disseminated during the program by the report contained herein. For those who were fortunate enough to attend plus those who didn't, …

Reflections On The Nature Of Labor Arbitration, R. W. Fleming

Michigan Law Review

The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.

An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …

Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood

Michigan Law Review

Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …

The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger

Michigan Law Review

The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.

Collective Bargaining And The Law, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the Law School of The University of Michigan, as a part of its program of public service, has sponsored a series of summer institutes to provide a medium for high-level discussion of legal problems in areas of public concern. In 1950 the subject of the Summer Institute was "The Law and Labor-Management Relations." In 1958 it seemed desirable again to turn to this important field, and the subject selected was "Collective Bargaining and the Law."

The 1958 Institute brought together a distinguished group of experts in labor relations law and produced a series of papers and comment which, …

Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky

Michigan Law Review

The collective bargaining agreement between the employer and union contained a no-strike provision. While the contract remained in effect, the union sought wage renegotiations. The discussions were unsuccessful and the union called a strike. Claiming a breach of the no-strike clause, the employer requested an injunction against continuance of the peaceful strike. The district court held that under section 301 of the Labor-Management Relations Act of 1947, which provides that "Suits for violation of contracts between an employer and a labor organization . . . may be brought in any district court ... ," it had authority to enjoin the …

Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.

Michigan Law Review

Plaintiff, Weakley County Municipal Electric System, sought to enjoin defendant union members and unions from continuing alleged picketing, intimidation of non-strikers and other acts incidental to a strike. Defendants had gone on strike to compel plaintiffs to recognize Local Union 835, IBEW, as the bargaining agent of plaintiffs' employees and to sign a contract with the union. The chancellor granted a permanent injunction on the ground that the strike was illegal and against public policy, as a municipality has no right or power to bargain collectively. On appeal to the Tennessee Court of Appeals, held, affirmed. Even though the …

Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.

Michigan Law Review

A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …

Drafting Of Grievance And Arbitration Articles Of Collective Bargaining Agreements, Charles A. Reynard

Vanderbilt Law Review

When the parties to collective bargaining negotiations formulate the provisions of their contract relating to grievances and arbitration, they are establishing the basic system of private administrative law that will govern the plant community for the period of the agreement. This is obviously a task that involves more than mere words and phrases. The maturity of their relationship, their respective understandings of the place of collective bargaining in our industrial society, the size and nature of the plant, and innumerable other considerations will substantially influence the choice of language and procedures adopted in the framing of these provisions. Because of …