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AAA handbook on Labor Arbitration - 2nd Edition - Hardcover
AAA Handbook on Labor Arbitration - 2nd Edition - Electronic
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CHAPTER 24
CONSTRUCTING A NEW PARADIGM OF LABOR
ARBITRATION
Charles J. Coleman and Gerald C. Coleman*
I. Introduction
Even though almost all of the labor agreements in the United States
call for the arbitration of disputes over their interpretation and
application, the widespread acceptance of grievance arbitration is of
relatively recent origin.1 The institution did not begin to take on its
current stature and shape until four cases were decided by the U.S.
Supreme Court between 1957 and 1960. This chapter examines those
cases and their progeny, stressing the changing views expressed by the
federal judiciary. Because many of the cases have become well-known
law, the older material is treated somewhat summarily so that more
emphasis can be placed on current trends, issues, and problems. The
analysis is restricted to grievance, rather than interest arbitration and
deals only with federal law, because that is where the legal
underpinnings of labor arbitration have been established.2
Full Table of Contents for "AAA Handbook on Labor Arbitration - 2nd Edition"
Foreword
PART I: Issues in Labor Arbitration
Chapter 1
An Analysis of Factors Present in Challenged and Vacated
Labor and Employment Arbitration Awards
Michael Jedel, Helen Lavan and Robert Perkovich
Chapter 2
Labor and Employment Arbitration:
What’s Justice Got to Do with It?
Dennis Nolan
Chapter 3
Alternatives for Labor Arbitrators
Walter J. Gershenfeld
Chapter 4
Issues in Discharge Arbitration
Walter J. Gershenfeld and Gladys Gershenfeld
Chapter 5
Job Discrimination Claims under Collective Bargaining
Harvey R. Boller and Donald J. Petersen
Chapter 6
Ambiguities in Labor Contracts: Where Do They Come From?
John B. LaRocco
PART II: Labor Arbitration Procedures
Chapter 7
Rules of Evidence in Labor Arbitration
Michael S. Winograd
Chapter 8
Arbitral Perspectives in Supervisor Work
Restriction Cases
Donald J. Petersen
Chapter 9
The Eight Essential Steps of Grievance
Processing
Mark I. Lurie
Chapter 10
Applying the Public Policy-Exception to Labor
Arbitration on Awards
Donald J. Petersen and Harvey R. Boller
Chapter 11
Process, Strategy and Tactics in Labor-Management Mediation
Paul D. Roose
Chapter 12
Fatal Error and Sparks of Genius in Labor Arbitration
Advocacy
Douglas E. Ray and Patricia Thomas Bittel
Chapter 13
Weingarten Rights in the Non-Union Workplace:
A Merry-Go-Round of NLRB Decisions
Clarence R. Deitsch, David A. Dilts and Francine Guice
PART III: Advocates’ and Arbitrators’ Issues
Chapter 14
What Labor Arbitrators Should Know About
Arbitral Immunity
Matthew M. Bodah
Chapter 15
Suggestions for Labor Arbitration Advocates
Barry Winograd
Chapter 16
The Impact of Lawyers on Labor-Management Arbitration
Richard Mittenthal
Chapter 17
Who Are Labor Arbitration Opinions Written For?
And Other Musings About Award Writing
Herbert L. Marx, Jr.
Chapter 18
How Unions Can Improve Their Success Rate in
Labor Arbitration
Charles A. Borrell
Chapter 19
The Arbitrator’s Dilemma: External vs. Internal Law:
Narrowing the Debate
Steven K. Birch
Chapter 20
Disclosure Problems of the Academic Labor
Arbitrator
Joseph Krislov
Part IV: Judicial Review of Labor Arbitration
Chapter 21
The NLRB’s Unfair Labor Practice Settlement Program:
An Empirical Analysis of Participant Satisfaction
Lamont Stallworth, Arup Varma and John T. Delaney
Chapter 22
Arbitration in Public Sector Labor Disputes
Richard M. Gaba
Chapter 23
“Contract Reading” in Labor Arbitration
Theodore J. St. Antoine
Chapter 24
Constructing a New Paradigm of Labor
Arbitration
Charles J. Coleman and Gerald C. Coleman
Index
Charles J. Coleman has heard hundreds of grievance cases and is a member of the National Academy of Arbitrators, the American Arbitration Association, and the Federal Mediation and Conciliation Service. He is a retired professor of management at Rutgers University in Camden, New Jersey.
Gerald C. Coleman was an adjunct professor of business law at the Rutgers University School of Business at Camden.
