Review of Court Decisions - Dispute Resolution Journal - Vol. 23, No. 3
Originally from Dispute Resolution Journal
This review covers decisions in commercial, labor-management and accident claims cases, arranged" under tour 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 ARBITRATION ISSUE
LABOR AGREEMENT — SCOPE OF ARBITRATION CLAUSE — ANTI-TRUST ISSUE
Despite broad arbitration clause in collective bargaining agreement, private anti-trust claim by plaintiff company charging union with conspiring to eliminate plaintiff as competitor is not referable to arbitration. Tendency toward liberal construction of provisions for arbitration in labor agreements as enunciated by United Steelworkers of America v. Warrior and Gulf Nav. Co. 363 U.S. 564, 80 S. Ct. 1343, 4 L. Ed. 2d 1403 (1960) does not mean that issues not incidental to interpretation of collective bargaining agreement for "a claim that has nothing to do with 'the common law' of the plant or industry," is arbitrable. "Running through the cases is the basic assumption, rested upon the familiar law and facts of the collective relationship, that the substantive concerns and jurisdictional mandate of the arbitrator are measured ultimately by the collective agreement.
See, e.g. United Steelworkers of America v. Enterprise Wheel and Car Corp. 363 U.S. 593, 80 S. Ct. 1358, 4 L. Ed. 2d 1424 (I960)."