Dispute Resolution and Arbitration Commons^™

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …

Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine

Articles

Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …

Labor Artibitration In Public Agencies: An Unconstitutional Delegation Of Power Or The Waking Of A Sleeping Giant - United Transportation Union V. Southern California Rapid Transit, Karen M. Speiser

Journal of Dispute Resolution

The use of arbitration to resolve labor disputes has become an irreplaceable method of dispute resolution in private enterprises and corporations all over the United States. Arbitration's popularity has come about partially from a realization of the utility of arbitration and partially from government pressure through the enactment of federal statutes. However, the government itself has resisted the imposition of arbitration to resolve disputes between its agencies and their employees. This Note will address some of the issues involved in private arbitration of public agency labor disputes.

Vacating Arbitrators' Awards Under The Public Policy Exception: Are Courts Second-Guessing Arbitrators' Decisions, Laurie A. Tribble

Villanova Law Review (1956 - )

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 …

Comparable Worth In Arbitration, Christine D. Ver Ploeg

Faculty Scholarship

In 1992 Minnesota became a pioneer in the arena of equal pay for equal work by enacting the Minnesota Local Government Pay Equity Act/Comparable Worth Law (“CWL”), which allocated nearly $22 million to remedy wage disparities between female dominated and male dominated classes at the state level. Each local government had to determine a new pay level for public employees taking into account whether it was a male or female dominated field. Many of these determinations were challenged by unions basing their challenges on two primary themes: (1) the methodologies used were flawed; (2) the determinations were invalid because the …

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.

Costa Rican Labor Arbitration, Ricardo Vargas Hidalgo

University of Miami Inter-American Law Review

No abstract provided.

The Law And Practice Of Labor Arbitration In Argentina, Máximo Daniel Monzon, Juan Manuel Salas

University of Miami Inter-American Law Review

No abstract provided.

Introduction: Labor Arbitration In Central America, Mark E. Zelek

University of Miami Inter-American Law Review

No abstract provided.

Labor Arbitration In El Salvador, José Roberto Garcia Alvarado

University of Miami Inter-American Law Review

No abstract provided.

Labor Arbitration In Costa Rica, Oscar Bejarano Coto

University of Miami Inter-American Law Review

No abstract provided.

Brief Reflections On The Practice Of Labor Arbitration In El Salvador, José Roberto Medina Romero

University of Miami Inter-American Law Review

No abstract provided.

Labor Grievance Arbitration In The United States, Mark E. Zelek

University of Miami Inter-American Law Review

No abstract provided.

Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel

Journal of Dispute Resolution

This note will explore the history of Section 301 of the Labor Management Relations Act 6 (LMRA) and the preemption doctrine, the development of the wrongful discharge action, the case history involving union employees filing state actions for wrongful discharge, and the effect the Lingle decision will have on business, the judicial system and, most importantly, the body politic of the individual states. Emphasis will be placed on the important role the state legislature will play in determining the exact ramifications of the Supreme Court's decision. Finally, the note will outline and discuss four main options state legislatures have when …

Judicial Deference To Grievance Arbitration In The Private Sector: Saving Grace In The Search For A Well-Defined Public Policy Exception, Amanda J. Berlowe

University of Miami Law Review

No abstract provided.

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 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

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 …