NCJ Number
98319
Date Published
1983
Length
805 pages
Annotation
This book presents an indepth examination of labor arbitration procedure and practice from case submission to award.
Abstract
The source of law in labor arbitrations is traced from the 1930's to the present. The submission of a case to arbitration is detailed, and the significance of the agreement to be bound by the award and securing the participation of all interested parties is discussed. Prerequisites for enforcement of an agreement to arbitrate are delineated, and case law examining enforcement by a variety of parties (e.g., signatory union or employer, aggrieved employee, third parties) is reviewed. Conditions resulting in stays of arbitration are discussed, as are jurisdictional issues affecting the arbitrability of cases. Procedures for selection of an arbitrator are outlined, and methods of obtaining evidence, including witness testimony are considered. Issues relating to the burden of proof, rules of evidence, and due process are analyzed. Also discussed is the use of polygraphy in labor arbitration and the rights to refuse to cooperate in polygraph testing. Hearing and posthearing procedures are described, as are remedies and awards. Conditions affecting vacation, enforcement, and correction of an award are detailed. De novo court reviews are discussed in cases dealing with racial and sexual discrimination, and those falling under the Occupational Safety and Health Act, the Fair Labor Standards Act, and the Employee Retirement Income Security Act. Fair representation obligations and special arbitration procedures also are discussed. In addition to extensive footnotes, tables of awards and cases, and an index are provided.