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Constructing A New Paradigm Of Labor Arbitration - Chapter 24 - AAA Handbook On Labor Arbitration - 2nd Edition

Author(s): 
Charles J. Coleman
Gerald C. Coleman
Page Count: 
24 pages
Media Description: 
PDF from "AAA Handbook on Labor Arbitration - 2nd Edition"
Published: 
November, 2010
Jurisdictions: 
United States
Practice Areas: 
Labor,
Employment,
Interpretation of the Award,
Dispute Resolution & Litigation,
ADR
Author Detail: 

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.

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Description: 

Originally from: AAA Handbook on Labor Arbitration - 2nd Edition

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CHAPTER 24

CONSTRUCTING A NEW PARADIGM OF LABOR ARBITRATION

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

Table of Contents: 

I. Introduction

II. The Foundation Cases and the Minimalist Paradigm

III. From a Minimalist to an Expansionist Paradigm

IV. Defining the Expansionist Paradigm

V. The Expansionist Paradigm in the Circuit Courts

VI. Sexual Harassment Cases

VII. The New Paradigm: Unbounded Minimalism

VIII. Paradigms Revisited

IX. Unbounded Minimalism Revisited

X. Conclusions