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NCJ Number: 94389 Find in a Library
Title: Question of Arbitrability - Challenges to the Arbitrator's Jurisdiction and Authority
Author(s): M M Grossman
Date Published: 1984
Page Count: 126
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 book defines for the labor relations practitioner the judicial role in determining the arbitrator's jurisdiction and authority, particularly emphasizing the distinction between the roles of the judge and the arbitrator in resolving issues of substantive arbitrability, whether contract grievance procedures were followed, and the scope of the arbitrator's authority.
Abstract: This discussion explores the important judicial decisions on issues of arbitrability and the arbitrator's authority. The labor relations practitioner must be aware of the various types of challenges to the arbitrator's jurisdiction and authority, the applicability of a presumption favoring arbitrability, the extent to which the court will defer to the arbitrator's findings and judgments, and the differences between the public and private sectors. Some basic considerations review are which forum to use in resolving disputes, who is to raise the issues, and when the issues should arise. Other chapters are devoted to issues pertaining to the proper parties, the agreement to arbitrate, the scope of the arbitration agreement, miscellaneous defenses, jurisdictional conflict, the arbitrator's authority, public-sector parties and their agreement, the authority of the public-sector parties, and scope of public-sector arbitration, the review of public-sector awards, and a summary guide to the issues. In addition to a general subject index, an index to cases cited is provided.
Index Term(s): Arbitration; Labor relations
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