ipl-logo

Labor Arbitration Case Study

719 Words3 Pages

1. Describe how the legal foundation for arbitration as it exists today in the United States was developed. The first mention of labor arbitration in American labor history dates to a clause in the constitution of the journey men Cabinet Makers of Philadelphia in 1829. The earliest arbitration hearing was in 1865 when ironworkers in Pittsburg arbitrated their wages. The first known case for using outside arbitrator was in 1871 in eastern Ohio. The Lincoln Mills Case is considered a landmark decision in arbitration. In this case Supreme Court ordered an employer to arbitrate grievances as provided for in a collective bargaining agreement that stated an employer’s agreement to arbitrate grievance disputes was a tradeoff for unions agreement …show more content…

Discuss the five principles that govern the arbitration of grievances under collective bargaining. The process of arbitration was governed by five principles: • Arbitration is matter of contract. These parties are not required to arbitrate a dispute that they have not agreed to submit to arbitration. The court determines whether there is a duty to arbitrate a dispute. • In determining whether there is a duty to arbitrate a dispute, the courts should not examine the merits of the underlying grievance, even if it appears to be frivolous. • In labor contracts with an arbitration clause, arbitrability is presumed unless there is positive assurance that the arbitration clause is not susceptible to an interpretation that covers the dispute. Doubts should be resolve in favor of coverage. • As long as an arbitration award is based on the bargaining agreement, a court should enforce the award without examination. • In interpreting the labor agreement, the arbitrator is not limited to the words of the contract. The arbitrator can consider factors such as past practice, parole evidence and common law of the shop. (p.436) 3. Explain how the change of ownership of a company affects the duty to …show more content…

What is the process normally utilized in the selection of an arbitrator? Both labor and management pay arbitrator fees and have the ability to select who the arbitrator will be. The arbitrator is expected to provide a service and meet certain professional standards. They are there to decide disputes arising during the life of the collective bargaining agreement which allows them to learn, be familiar with the history and understand their reasoning. Permanent arbitration can help provide a stable union-management relationship, immediate assistance and are able to resolve disputes faster than in court. The arbitrator has to follow the contract language regardless of their opinion as long as the provision is clear. If the contract language is not clear and disputes arise an arbitrator is guided by basic contract interpretation principles derived from common law of contracts: 1. Honor intent of the parties 2. Interpret the agreement as a whole. 3. Give effect to all terms of the agreement 4. Give undefined terms reasonable definitions 5. Avoid absurd results by considering reasoning and equity. If a permanent arbitrator is not designated in the contract, then an impartial agency is agreed on.

Show More
Related

Duncan V. Scottsdale Medical Imaging Ltd: Case Study

776 Words | 4 Pages

From: Ashlee Nong HCA 340 To: Professor Schipske 06 October 2017 Duncan v. Scottsdale Medical Imaging Ltd., Supreme Court of Arizona 70 P.3d 435, 2003 1. The complete title and citation of the case: Duncan v. Scottsdale Medical Imaging Ltd., 70 P. 3d 435 (2003). 2. Explain which court decided this case: Supreme Court of Arizona decided this case. The Court of Appeals maintained the trial judge's decisions, yet the Supreme Court concurred with Duncan that the Medical Malpractice Act arrangement which bars misbehavior claims in view of battery abuses the Arizona Constitution's assurance for the privilege to sue.

Read More

Legal Case Study 8-2: The Outsourced Work

564 Words | 3 Pages

Rachael Martinelli Case Study 8-2: The Outsourced Work 1. Is BE bound by the terms of the project labor agreement, which it did not directly sign, including the duty to submit this labor dispute to final and binding arbitration for resolution? I believe that Bolton Engineering (BE) should not always be bound to the terms of the project labor agreement, that they did not directly sign. Bolton Engineering should only be bound to these conditions if they are working onsite. They did not directly sign the with the labor union so they should only have to follow the labor union when they are working on the premises of Rocket Motor Corporation.

Read More

Essay On Zapatha Vs Dairy Mart

508 Words | 3 Pages

The trial court held for Zapatha. Dairy mart appealed. In Zapatha v Dairy Mart, 381 Mass. 284; N.E. 2d. 1370 there are two issues at hand. 1) Does the unconscionability of an agreement depend on whether at the time of execution the contract provision at issue could result in unfair surprise and was oppressive to the allegedly disadvantaged party; and 2) Whether a merchant seeking to terminate a business agreement must act in good faith by practicing honesty in fact and observing reasonable commercial standards of fair dealing in that trade.

Read More

Employment Division V Smith Case Summary

454 Words | 2 Pages

The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.

Read More

Summary Of Are Unions A Constitutional Anomaly By Cynthia Estlund

865 Words | 4 Pages

Cynthia Estlund (2015) in her article "Are Unions a Constitutional Anomaly?" presents information about labor unions. The article published in the Michigan Law Review journal in 2015. The author analyzes a case of Friedrichs versus the California Teachers Association and supports the point with additional case Harris versus Quinn. Cynthia Estlund brings the argument based on the evidence and argues about the necessity of these unions.

Read More

Labor Unions Dbq Essay

402 Words | 2 Pages

With the American Industrial Revolution in full swing, the shift in society was prevalent. In the late 19th century the growth of the industry moved Americans from rural farms to factories. This shift in mass production, made production faster and cheaper. Although the United States prevailed as the powerhouse of production, it came with some sacrifices. The factory worker was unskilled and paid a low wage.

Read More

National Labor Relations Board Vs Electromation Case Studies

1247 Words | 5 Pages

Case Study Analysis Name Institution Case Study Analysis Introduction An employer-employee relation is influenced by different factors that revolve the operational scope of the organization. In the contemporary working environment, employers are obliged to meet specific regulations, such as The National Labor Relations Act (NLRA). The NLRA forbids employers from meddling with, restricting, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. The participative decision-making process has been prominence in the

Read More

Hammer Vs Dagenhart Case Study

501 Words | 3 Pages

The Supreme Court unanimously agreed to reverse the previous court’s decision of not guilty citing that it is within the constitutional authority of Congress to standardize interstate commerce. The Court believed that the goal of the Act was to prohibit states from using substandard labor systems to their own monetary benefit by interstate commerce. The Court also established that the clause for keeping records of labor was fitting to allow for the enforcement of the Act. It was also decided that an employer could be held accountable to the law if they failed to follow it.

Read More

What Does Justice Mean In Terms Of The Australian Legal System

1257 Words | 6 Pages

Both parties agree to be bound by the arbitrators decision. Expert determination is another alternative procedure for resolving disputes, the decision is made by an independent third party, the outcome will be based on the independent third parties decision. Negotiation should be seen as the first step in resolving disputes. It's an informal process where both parties communicate directly and aim to achieve a mutual agreement.

Read More

Essay On How Does The Supreme Court Control Its Docket

2005 Words | 9 Pages

How does the Supreme Court control its docket? Using information from both the textbook and class lecture, discuss the main steps/hurdles/factors in play regarding whether the Supreme Court will actually hear and consider a case. Explain and discuss the significance of each factor. The way in which the Supreme Court controls its docket allows for the court to avoid pointless work.

Read More

The National Labor Relations Act: The Wagner Act Of 1935

697 Words | 3 Pages

The last provision was refusing to collectively bargain with the representatives of any employer’s

Read More

The 1970 Postal Strike In The 1970's

2152 Words | 9 Pages

Once the proper steps are taken all parties involved generally go back to their position and perform their job duties under the new working conditions agreed upon. Often times the process can take more than a few days, it can take weeks are months to dispute and agree upon the grievance presented for negotiations. An example of a legal strike tactic is an economic strike; this is an allowable method in which employees can strike over wages, hours and less than ideal working conditions. Employees are

Read More

Uniform Commercial Code Essay

451 Words | 2 Pages

Terms which the communications of the parties concur or which are generally put forward in a writing expected by the parties as a last expression of their agreement regarding such terms as are incorporated in that may not be denied by confirmation of any former declaration or of a coexisting oral understanding yet may be clarified or supplemented. (https://www.law.cornell.edu) Additionally, necessities put forward in Section 2-201 must first be fulfilled if the agreement as adjusted is inside of its stipulations. Article II of the Uniform Commercial Code. A case of this segment can be Fairway Mach.

Read More

Industrial Relations System In Malaysia

1691 Words | 7 Pages

Collective bargaining is also known as a type of employer–employee relations that gives opportunity to the employees to be heard in the workplace on matter that effect them. Collective bargaining gives employees the advantage of being able to speak with one voice. The principle idea is that as a group, employees have greater strength or bargaining power if they collaborate than they do if they attempt to mediate with their employer one by one

Read More

Disadvantages Of Labor Relations

926 Words | 4 Pages

The term labour relations, refers to the system in which employers, employees and their representatives (management) and, the government who all interact and work together directly and indirectly to set the ground rules for working relationships inside and organization. labour relations has its roots stemming from the industrial revolution, where we saw the emergence of trade unions to represent workers and their rights. A labour relations system reflects the interaction between the main actors in the organization namely the government, the employer, trade unions and employees. Well set out labour relations in an organization safeguards fair labour practices, as well as contributes to long term success within the organization. There are multiple advantages to the Labor Relations Act, all of these advantages are put into place in order to protect the well being of the employee as well as the employer both on a fair and equal basis.

Read More

More about Labor Arbitration Case Study

Open Document