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NCJ Number: 98941 Find in a Library
Title: Arbitration and the Law (From Arbitration in Practice, P 9-22, 1984, Arnold M Zack, ed. - See NCJ-98940)
Author(s): T J St Antoine
Date Published: 1984
Page Count: 14
Sponsoring Agency: ILR Press
Ithaca, NY 14853
Sale Source: ILR Press
Cornell University
Box 1000
Ithaca, NY 14853
United States of America
Language: English
Country: United States of America
Annotation: This discussion of labor arbitration and the law considers the comparative use of interest and grievance arbitration in the United States and the United Kingdom, changing judicial attitudes toward labor arbitration, the arbitration clause, enforcement of awards, and arbitration and the National Labor Relations Board (NLRB).
Abstract: An introductory historical review of labor arbitration traces it to its current prevalent use in resolving disputes under collective bargaining agreements in the United States. Labor arbitration in the United Kingdom focuses on interest arbitration (establishing the collective bargaining agreement). In the United States, labor arbitration primarily addresses grievances under such agreements, but both types of arbitration are used. A review of United States labor law shows that although common law did not favor arbitration, Federal labor laws -- such as the Railway Labor Act, the Civil Service Reform Act, and the Taft-Hartley Act -- specify procedures for both interest and grievance arbitration. The author also examines the U.S. Supreme Court's decisions in the Steelworkers Trilogy, which sets guidelines on the arbitration of contract issues and the review and enforcement of arbitration awards. The paper then reviews common arbitration arrangements specified in labor arbitration clauses, followed by a review of Supreme Court decisions bearing upon the enforcement of arbitration awards. The concluding section discusses the role of the NLRB in enforcing arbitration decisions.
Index Term(s): Arbitration; Collective bargaining; Grievance procedures; Judicial attitudes; Labor relations; United Kingdom (UK); United States of America
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