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- Title
LABOR -- MOTION TO VACATE -- TITLE VII -- ARBITRATOR'S DETERMINATION THAT EEOC GUIDELINES ARE FEDERAL REGULATIONS WAS NOT AN ABUSE OF AUTHORITY.
- Abstract
The article presents information about the court case Goodyear Tire & Rubber Co. v. Local Union No. 200, United Rubber, Cork, Linoleum and Plastic Workers of America. The arbitrator did not abuse his authority in modifying an agreement in accordance with EEOC guidelines even though the guidelines were not federal regulation within the meaning of the law. The union had challenged provisions in its agreement which applied different standards to maternity disability than to other forms of disability. The agreement provided that modification of the agreement could be made where necessitated by federal or state statute or regulation. The arbitrator ruled that the EEOC Guidelines had become a part of the Code of Federal Regulations, and in his judgment they constituted a federal regulation within the meaning of the agreement. The court reasoned that since the agreement gave the arbitrator the power to modify the agreement a reviewing court should not vacate an award merely because it disagreed with the arbitrator's findings of fact and law.
- Subjects
GOODYEAR Tire &; Rubber Co.; ACTIONS &; defenses (Law); ARBITRATION &; award; GUIDELINES; ARBITRATORS; FEDERAL regulation
- Publication
Arbitration Journal, 1975, Vol 30, Issue 4, p294
- ISSN
0003-7893
- Publication type
Article