Originally from Dispute Resolution Journal

Preview Page

THIS review covers decisions in commercial, labor-management and accident claims cases, arranged under four headings: I. The Arbitration Clause and the Arbitrable Issue; II. The Enforcement of Arbitration Agreements; III. The Arbitrator and the Proceedings; and IV. The Award.

I. THE ARBITRATION CLAUSE AND THE ARBITRABLE ISSUE GRIEVANCE PROCEDURE — FINALITY — ABSENCE OF AGREEMENT TO ARBITRATE

Where a union and employer had agreed on a grievance procedure as the means for resolving disputes, an employee could not, after a final denial of relief through that grievance procedure, contest or avoid that decision by court action for wrongful discharge. The result was not affected by the fact that the grievance procedure did not embody a "pure arbitration clause." Haynes v. United States Pipe and Foundry Co., 362 F.2d 414 (1966).

UNINSURED MOTORIST ENDORSEMENT — UNINSURED AUTOMOBILE

The Supreme Court of Oregon has held that the owner of an insured automohile who permits an uninsured person to drive the automobile and who is injured through the negligence of the driver while the owner is himself a passenger is entitled to recovery under the uninsured motorist endorsement of his own policy and may proceed to arbitration. Bosher v. State Farm Fire & Casualty Co., 419 P.2d 606 (Sup. Ct. Ore. 1966).