Arbitration and the Law (From Arbitration in Practice, P 9-22, 1984, Arnold M Zack, ed. - See NCJ-98940)

• NCJ Number: 98941
• Author(s): T J St Antoine
• Date Published: 1984
• Length: 14 pages
• Sale Source: ILR Press
• 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.