Labor Arbitration Research Articles

Book Review: Labor-Management Relations: Labor Arbitration: Principles, Practices, Issues

Book Review: Labor-Management Relations: Labor Arbitration: Principles, Practices, Issues

PROBLEMS OF PROCEDURE AND PROOF IN LABOUR ARBITRATION*

Canadian Public AdministrationVolume 5, Issue 1 p. 76-88 PROBLEMS OF PROCEDURE AND PROOF IN LABOUR ARBITRATION* Bora Laskin, Bora LaskinSearch for more papers by this author Bora Laskin, Bora LaskinSearch for more papers by this author First published: March 1962 https://doi.org/10.1111/j.1754-7121.1962.tb00761.x † *This paper was delivered by Professor Bora Laskin at a One-Day Conference for Arbitration Chairmen held at the School of Business, University of Toronto, on Friday, September 15, 1961. AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Volume5, Issue1March 1962Pages 76-88 RelatedInformation

Anatomy of a Labor Arbitration

Anatomy of a Labor Arbitration

Labor Arbitration after Twenty-Five Years

Labor Arbitration after Twenty-Five Years

Some Problems of Evidence before the Labor Arbitrator

Some Problems of Evidence before the Labor Arbitrator

The Supreme Court Speaks on Labor Arbitration. Exeunt the Courts: Labor-Management Relations. Arbitration and Award. Industrial Arbitration

The Supreme Court Speaks on Labor Arbitration. Exeunt the Courts: Labor-Management Relations. Arbitration and Award. Industrial Arbitration

Some Problems of Due Process and Fair Procedure in Labor Arbitration

In the last five years shop talk among arbitrators has tended increasingly to drift into an area vaguely and uneasily identified as process.' The due process problems arbitrators are concerned with and which are the subject of this paper relate to procedural protections for individuals whose rights are being affected by an arbitration between two other parties-the company and the union. process thus may be an even more difficult problem in labor arbitration than in its judicial context, since in addition to the need for standards of fair procedure, the arbitration process raises the question of adequate representation of an affected individual who is not a party to the collective bargaining agreement nor to the arbitration being carried out under that agreement. Professor Willard Wirtz brought the due process issue into sharp focus in his paper, Due Process of Arbitration.2 As Professor Wirtz noted, 'due process' is a symbol borrowed from the lexicon of law, and therefore suspect in this shirtsleeves . . . business of arbitration.3

Labor Arbitration. Labor Management Relations Act Section 301(a). Arbitration of Grievance Ordered as Preferable Disposition of Action Even When Collective Bargaining History Is Offered to Court as Evidence Pertaining to Exclusion of Dispute from Arbitration Clause

Labor Arbitration. Labor Management Relations Act Section 301(a). Arbitration of Grievance Ordered as Preferable Disposition of Action Even When Collective Bargaining History Is Offered to Court as Evidence Pertaining to Exclusion of Dispute from Arbitration Clause

Individual Rights Broadened in Labor Arbitration: Labor-Management Relations. Arbitration and Award. Industrial Arbitration

Individual Rights Broadened in Labor Arbitration: Labor-Management Relations. Arbitration and Award. Industrial Arbitration

In Defense of Creeping Legalism in Arbitration

In recent years, labor arbitration has been subjected to the criticism that it has become the captive of practitioners who have deprived it of informality of process and speed of decision. Instead, the critics allege, arbitration proceedings have become increasingly formal, technical, and expensive. Often such criticisms fall short of facing the basic issue of the function of arbitration in labor-management relations. As the author of this discussion sees this issue, the labor relations community has much to gain in the development of arbitration as a judicial system based on a 'common law' of labor relations. Current dissatisfaction with arbitration, he argues, will diminish as orderly rules and standards of procedure develop and reliance on precedent, cautiously applied, increases. (Author's abstract courtesy EBSCO.)

Labor Arbitration. Union Employees Whose Rights Are Adversely Affected When Union Takes Position Contrary to Their Interests at Arbitration Are Not Bound without Notice of Hearing

Labor Arbitration. Union Employees Whose Rights Are Adversely Affected When Union Takes Position Contrary to Their Interests at Arbitration Are Not Bound without Notice of Hearing

Labor Arbitration, the NLRB, and Taft-Hartley Section 8(d): Problems of Jurisdictional Conflict

Labor Arbitration, the NLRB, and Taft-Hartley Section 8(d): Problems of Jurisdictional Conflict

The Girard College Case: Resolution and Social Significance

cil of the Wharton School of Finance and Commerce, University of Pennsylvania, 1952). 29. Straus, Donald B., Hickey-Freeman Company and Amalgamated Clothing Workers of America: A Case Study (Washington, D.C.: National Planning Association, 1949). 30. Umpire, Ford Motor Co., and UAWCIO, Discharge for Theft, Case Nos. 5867, 5869, 5872, 5873, 5990o, Highland Park, Local 400, Opinion A-256, August 4, 1948. 31. U. S. Bureau of the Census, Census of Manufacturers, 1954, Vol. II, Industry Statistics. 32. U. S. Department of Labor, Bureau cf Labor Statistics, Arbitration of LaborManagement Grievances: Bet hl e he m Steel Company and United Steelworkers of America, 1942-52, Bulletin No. 1159. 33. Whitney, Fred, The Collective Bargaining Agreement (Bloomington, Ind.: Indiana University School of Business, Bureau of Business Research, 1957). 34. Witte, Edwin E., Historical Survey of Labor Arbitration (Philadelphia: University of Pennsylvania Press, 1952).

Power, Bargaining, and Law: A Preliminary Analysis of Labor Arbitration Cases

Power, Bargaining, and Law: A Preliminary Analysis of Labor Arbitration Cases

Power, Bargaining, and Law: A Preliminary Analysis of Labor Arbitration Cases

One of the major social trends in the United States in the past quarter of a century is the growth of the institution of collective bargaining. The violence and turbulence of the conflicts between labor and capital of the Haymarket days, of the strike after World War I, and of the little steel strike of 1937 have been gradually superseded by collective bargaining agreements between labor and management. These agreements set forth a variety of substantive and procedural rights and duties of both parties. Thus, power relations, though not entirely displaced, have been supplemented with bargaining relations.

A Factorial Study of Labor Arbitration Cases

SummaryA Factor analysis of issues involved in labor arbitration cases was undertaken in order to determine if seemingly independent grievance issues may, in fact, be related to more basic underlying factors. A sample of 120 arbitration cases was drawn from those appearing in the Prentice‐Hall arbitration series. Two judges independently classified the issues involved in each case according to 17 grievance categories. These 17 grievance categories were intercorrelated and factored by use of the centroid method.Five grievance factors were extracted and identified as (A) Economic Security, (B) Control of Job Environment, (C) Job Status and Recognition, (D) Union Security, and (E) Power Relations. It was concluded that the grievance cases considered in this study resulted from dissatisfactions which could be classified by these five grievance factors. This seems to suggest that the numerous grievance factors generally associated with arbitrations are indeed superfluous and, in fact, may be represented by only five factors, the most important of which seems to be Economic Security.

Reducing the Risks of Labor Arbitration

Reducing the Risks of Labor Arbitration

Judges in Industry, a Study of Labour Arbitration in Australia, by Mark Perlman. Melbourne University Press, 1954, The MacMillan Company of Canada Limited, 219 pp., $6.35.

Judges in Industry, a Study of Labour Arbitration in Australia, by Mark Perlman. Melbourne University Press, 1954, The MacMillan Company of Canada Limited, 219 pp., $6.35.. Un article de la revue Relations industrielles / Industrial Relations (Volume 14, numéro 3, juillet 1959, p. 322-455) diffusée par la plateforme Érudit.

Critical Issues in Labor Arbitration: Proceedings of the Tenth Annual Meeting National Academy of Arbitrators, Philadelphia, Pennsylvania, January 31-February 2, 1957.

Critical Issues in Labor Arbitration: Proceedings of the Tenth Annual Meeting National Academy of Arbitrators, Philadelphia, Pennsylvania, January 31-February 2, 1957.

Book Note and Review: Labor-Management Relations: Critical Issues in Labor Arbitration

Book Note and Review: Labor-Management Relations: Critical Issues in Labor Arbitration