Fundamentals of Labor Arbitration - Hardcover
Fundamentals of Labor Arbitration - Electronic
The Legal Setting of Labor Arbitration
United States Supreme Court decisions have played an important
role in shaping the legal setting of arbitration in the United States.
Some of these decisions have involved arbitration between parties
covered by the Labor-Management Relations Act (“LMRA”). They
also have had a great influence on all types of labor arbitration.
Most states have arbitration statutes and judicial decisions that may
apply to labor arbitration. These statutes and decisions apply to
employment situations that are not covered by the LMRA. Where the
employment relationship is covered by the LMRA, state laws may
apply only if they are not preempted by federal labor law. Some
statutes have specific arbitration provisions governing public sector
2:02 SECTION 301 OF THE LABOR-MANAGEMENT
In Textile Workers Union v. Lincoln Mills, 353 U.S. 448, 77 S. Ct.
912, 1 L. Ed. 2d 972 (1957), the Supreme Court held that Section 301
of the LMRA gives a party to a collective bargaining agreement
containing an arbitration clause the right to request that a court compel
arbitration. The Court determined that “federal labor law” fashioned by
federal courts governed such actions, rather than state law.
2:03 THE TRILOGY
Three years after Lincoln Mills, the Supreme Court handed down
three decisions involving the United Steelworkers of America. These
three decisions are frequently referred to as the “Steelworkers Trilogy”
or simply the “Trilogy.” In the first, the Supreme Court held that
arbitration is a matter of contract and a party cannot be required to
submit to arbitration any dispute that the party has not agreed to
arbitrate. United Steelworkers of America v. Warrior & Gulf
Navigation Co., 363 U.S. 574, 80 S. Ct. 1347, 4 L. Ed. 2d 1409 (1960).
Chapter 2: The Legal Setting of Arbitration
2:02 Section 301 of the Labor Management Relations Act
2:03 The Trilogy
2:04 Breach of Contract
2:05 Enjoining Strikes
2:07 Statutory Claims
2:08 Duty of Fair Representation
2:09 Federal Civil Service
2:10 Interpretation of Collective Bargaining Agreement
2:11 State Court Jurisdiction
2:12 Claims Asserted Under State Law
2:13 Wrongful Discharge Claims
2:14 National Labor Relations Board Decisions
Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.
Rocco M. Scanza is an attorney, arbitrator and mediator of labor and employment disputes. He is also the executive director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national vice president at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Jay E. Grenig is a professor of law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written numerous books and articles.