skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 98651 Find in a Library
Title: Keeping Miners Out of Work - The Cost of Judicial Revision of Arbitration Awards
Journal: West Virginia Law Review  Volume:86  Issue:3  Dated:(Spring 1984)  Pages:705-716
Author(s): R L Trumka
Date Published: 1984
Page Count: 12
Format: Article
Language: English
Country: United States of America
Annotation: Three cases being litigated by the United Mine Workers of America are presented to illustrate what happens when the autonomous rule of law established by the arbitration agreement is examined by the courts.
Abstract: In all three, the employer challenged the arbitrator's interpretation of the collective bargaining agreement rather than the award. In Clinchfield I and Clinchfield II, the employers succeeded in judicially evading adverse awards. The judicial opinions disclose the substitution of judicial interpretation in place of the arbitrator's interpretation. This result is in conflict with the U.S. Supreme Court's decision in the Steelworkers Trilology that protected labor arbitration awards from expansive judicial review. In Kris-Beth, Inc., the court directed a stay of an arbitration award on the basis of a suit filed by a party extraneous to the collective bargaining agreement. Appeals have been unsuccessful to date, and the arbitration award has been denied enforcement for over a year. These cases demonstrate the perils involved in judicial intervention in the collective bargaining and grievance resolution process. The courts should not destroy the system of autonomous dispute resolution and free enterprise mandated by Congress and established by the parties in collective bargaining. If courts continue to intrude in the arbitration process by excessive review, the process will lose credibility. Management, labor units, employees, and the public will be the victims. A total of 54 footnotes are provided.
Index Term(s): Arbitration; Collective bargaining; Judicial decisions; Judicial review; Labor relations
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=98651

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.