NCJ Number
44609
Editor(s)
B D DENNIS,
G G SOMERS
Date Published
1976
Length
409 pages
Annotation
PAPERS, DISCUSSIONS, AND REPORTS CONCERNING THE RELATIONSHIP OF ARBITRATION TO THE LAW ARE PRESENTED.
Abstract
THE JUDICIAL REVIEW OF ARBITRATION DECISIONS IS DISCUSSED, AND A CONTINUATION OF THE SEARCH FOR ACCOMMODATION IS URGED. A CONSIDERATION OF POSSIBLE EXPANDING ROLES OF THE PARTIES IN THE INDUSTRIAL RELATIONS FIELD ALSO DEALS WITH THE COORDINATION OF PRIVATE COLLECTIVE BARGAINING WITH THE REGULATIONS DERIVED FROM PUBLIC POLICY IN SUCH AREAS AS HEALTH AND SAFETY, PENSIONS, AFFIRMATIVE ACTION, AND EQUAL PAY. THE RELATIONSHIP OF ARBITRATION AND THE LAW IS ALSO EMPHASIZED IN A DISCUSSION OF THE SETTLEMENT OF EMPLOYMENT DISCRIMINATION CASES. THE INTERACTION OF TITLE VII OF THE CIVIL RIGHTS ACT AND ARBITRATION OF DISCRIMINATION DISPUTES IS ANALYZED, AND PROPOSALS FOR THE FUTURE ARE MADE. ONE PAPER FOCUSES ON CONSTITUTIONAL RIGHTS AND THE FUNDAMENTAL RIGHTS RECOGNIZED IN ARBITRATION, WHEN BOTH MAY BE INVOLVED IN DISCIPLINE OR DISCHARGE CASES. IN ANOTHER, THE DIMINISHED STATUS OF ARBITRATORS IN THE SYSTEM OF INDUSTRIAL SELF-GOVERNMENT IN THIS COUNTRY IS EVALUATED AND RELATED TO THE INCREASING IMPORTANCE OF PUBLIC LAW. THE QUESTION OF WHETHER ARBITRATORS SHOULD BE LICENSED IS CONSIDERED. ANOTHER CONTRIBUTOR DISCUSSES THE INCREASED IMPORTANCE OF ABILITY TO PAY IN THE ARBITRATION OF INTEREST DISPUTES IN THE PUBLIC SECTOR. THE WORK OF THE JOINT LABOR-MANAGEMENT COMMITTEE IN RETAIL FOOD IS EVALUATED AND THE NEW GRIEVANCE ARBITRATION PROCEDURE IN TH COAL INDUSTRY IS DESCRIBED. (AUTHOR ABSTRACT MODIFIED--VDA)