Add to ORKGThis article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive characteristics of public sector labor relations, and make a recommendation as to the appro...
This article examines sections 142(A), 143, 146 and 51 of the Labour Relations Act 66 of 1995, which...
The concept of finality in grievance arbitration in the private sector is well established. The auth...
The United States Supreme Court remains active in the area of arbitration law, deciding between one ...
Prompted by a dispute over a labor arbitrator’s controversial reinstatement award in favor of an Ore...
A review of the case law demonstrates that most of the labor arbitration awards challenged on public...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This Article analyzes the possibility of creating a program to provide representation to workers bou...
An increasing number of employers have established arbitration systems for resolving disputes in the...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
The United States Supreme Court has held that arbitration awards derived from collective bargaining ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
An increasing number of employers have established arbitration systems for resolving disputes in the...
Most states prohibit public employees from striking and the federal government makes a strike by a f...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resol...
This article examines sections 142(A), 143, 146 and 51 of the Labour Relations Act 66 of 1995, which...
The concept of finality in grievance arbitration in the private sector is well established. The auth...
The United States Supreme Court remains active in the area of arbitration law, deciding between one ...
Prompted by a dispute over a labor arbitrator’s controversial reinstatement award in favor of an Ore...
A review of the case law demonstrates that most of the labor arbitration awards challenged on public...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This Article analyzes the possibility of creating a program to provide representation to workers bou...
An increasing number of employers have established arbitration systems for resolving disputes in the...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
The United States Supreme Court has held that arbitration awards derived from collective bargaining ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
An increasing number of employers have established arbitration systems for resolving disputes in the...
Most states prohibit public employees from striking and the federal government makes a strike by a f...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resol...
This article examines sections 142(A), 143, 146 and 51 of the Labour Relations Act 66 of 1995, which...
The concept of finality in grievance arbitration in the private sector is well established. The auth...
The United States Supreme Court remains active in the area of arbitration law, deciding between one ...