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| NCJ Number:
|
NCJ 100031
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| Title:
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Arbitration, the Trilogy, and Individual Rights - Developments Since Alexander v Gardner-Denver
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| Journal:
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Labor Law Journal Volume:36 Issue:3 Dated:(March 1985) Pages:173-182
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| Author(s):
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A R Fowler
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| Publication Date:
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1985 |
| Pages:
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10 |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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This article reviews the U.S. Supreme Court decisions concerning judicial review of arbitration awards under collective bargaining contracts. |
| Abstract:
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In the Steelworkers Trilogy, the Court exempted such awards from review, thus establishing arbitration as a final and binding means of settling unionized employees' grievances. However, in Alexander v. Gardner-Denver, the Court partially relaxed the binding nature of awards, ruling that the grievant has independently created rights to freedom from discrimination that may be pursued in arbitration and in court concurrently, separately, or consecutively. A review of cases brought since Alexander indicates that there have been relatively few cases in which the courts have chosen to exercise authority to review arbitrated discrimination grievances. In those cases where such review was conducted, the courts have generally supported the arbitrator's award. Furthermore, Alexander has been given a rather narrow construction in those cases. This response has served to reaffirm the effectiveness of arbitration as a means of settling labor grievances, while recognizing that collective bargaining will not always protect the legal rights of the individual. 32 footnotes. |
| Main Term(s):
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Personality/ |
| Index Term(s):
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Discrimination ; Arbitration ; Judicial decisions/ ; Constitutional rights and civil lib/ ; US Supreme Court decisions ; Collective bargaining |
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