Briefly answer the following questions. 1. What are the three basic protections

Question

Briefly answer the following questions.

1. What are the three basic protections for arbitration laid down by the Supreme Court in the Steelworkers' Trilogy?

2. Explain the steps involved in choosing an arbitrator using the American Arbitration Association.

3. Discuss the presentation of the case during the hearing process.

4. What are the factors relating to contract parameters that an arbitrator has to keep in mind while preparing the award?

5. Discuss the public sector labor relations in the states of the union.

6. Write a short note on teacher bargaining laws.

7. Why is bargaining more fragmented in the public sector than in the private sector

Explanation / Answer

The Court of Appeals held that (a) failure of the award to specify the amounts to be deducted from the back pay rendered the award unenforceable, though that defect could be remedied by requiring the parties to complete the arbitration, (b) an award for back pay subsequent to the date of expiration of the collective bargaining agreement could not be enforced, and (c) the requirement for reinstatement of the discharged employees was unenforceable because the collective bargaining agreement had expired.

The judgment of the District Court should have been affirmed with a modification requiring the specific amounts due the employees to be definitely determined by arbitration

The agreement also provided:

". . . It is understood and agreed that neither party will institute civil suits or legal proceedings against the other for alleged violation of any of the provisions of this labor contract; instead, all disputes will be settled in the manner outlined in this Article III -- Adjustment of Grievances."

A group of employees left their jobs in protest against the discharge of one employee. A union official advised them at once to return to work. An official of respondent at their request gave them permission and then rescinded it. The next day, they were told they did not have a job any more "until this thing was settled one way or the other."

A grievance was filed, and when respondent finally refused to arbitrate, this suit was brought for specific enforcement of the arbitration provisions of the agreement. The District Court ordered arbitration. The arbitrator found that the discharge of the men was not justified, though their conduct, he said, was improper. In his view, the facts warranted, at most, a suspension of the men for 10 days each. After their discharge and before the arbitration award, the collective bargaining agreement had expired. The union, however, continued to represent the workers at the plant. The arbitrator rejected the contention that expiration of the agreement barred reinstatement of the employees. He held that the provision of the agreement above quoted imposed an unconditional obligation on the employer. He awarded reinstatement with back pay, minus pay for a 10-day suspension and such sums as these employees received from other employment.

2)

I. Identify the Applicable Rules First
A defense attorney should identify the applicable rules first. Rather than familiar
federal or state rules of civil procedure, the possible versions or sets of arbitration rules
are numerous. Arbitration rules vary significantly on discovery and other issues.
The Federal Arbitration Act, 9 U.S.C.

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