NCJ Number
94389
Date Published
1984
Length
126 pages
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.