Works matching IS 00037893 AND DT 1965 AND VI 20 AND IP 1

Results: 55

AWARD WHICH DOES NOT MEET STATUTORY REQUIREMENTS MAY BE VALID WHERE, "... THE ARBITRATION STATUTE IS NOT EXCLUSIVE AND COMMON LAW ARBITRATION IS RECOGNIZED."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 63
Publication type:: Article

EXAMINATION OF BARGAINING HISTORY OF CONTRACTING PARTIES CONCERNING THEIR NEGOTIATIONS AND ORAL UNDERSTANDINGS IS NOT A TASK FOR THE COURT BUT CAN ONLY BE PERFORMED BY THE ARBITRATORS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 61
Publication type:: Article

CLAIMS OF ALLEGED INDUCEMENT OF BREACH OF CONTRACT AND UNJUST ENRICHMENT BROUGHT BY A PARTY WHO HAD SOLD A PARTNERSHIP'S PRODUCTS CANNOT BE RELITIGATED FOLLOWING AN AWARD ON THE ISSUES.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 63
Publication type:: Article

"SUBSTANTIAL FAIRNESS" OF ARBITRATION PROCESS, AS SUBJECT OF JUDICIAL EXAMINATION, MEANS, SAID THE COURT, "ONLY THAT THE COURT MAY DECLINE TO RECOGNIZE AN AWARD IF THE ARBITRATION PROCEEDING DOES NOT MEET MINIMAL REQUIREMENTS OF FAIRNESS--NOTICE, "A FULL AND FAIR HEARING," AND A DECISION BASED ON THE 'HONEST JUDGMENT' OF THE ARBITRATORS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 63
Publication type:: Article

PUBLICATIONS OBTAINABLE THROUGH THE AMERICAN ARBITRATION ASSOCIATION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 65
Publication type:: Article

AWARD WAS REMITTED TO ARBITRATOR FOR SOLE PURPOSE OF TAKING PROPER PROOF ON DAMAGES.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 64
Publication type:: Article

ENFORCEMENT OF AWARD CANNOT BE PREVENTED BY CHALLENGE THAT PROCEEDINGS BEFORE NLRB IS PENDING THAT UNION IS NOT THE VALID DESIGNATED BARGAINING REPRESENTATIVE.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 64
Publication type:: Article

SETTLEMENT OF DISCHARGE DISPUTE MADE BEFORE ARBITRATOR HEARD WITNESSES BUT WHICH WAS NOT FORMALIZED BY ARBITRATOR, DOES NOT DEPRIVE UNION FROM ENFORCING SUCH AGREEMENT EVEN WHEN IT CEASED TO BE EXCLUSIVE BARGAINING AGENT AND DISCHARGED EMPLOYEE WAS NO LONGER MEMBER OF THE UNION

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 62
Publication type:: Article

AWARD RENDERED UNDER AAA VOLUNTARY ARBITRATION RULES WILL BE CONFIRMED, WHEN SERVED BY ORDINARY MAIL.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 64
Publication type:: Article

AWARD WILL NOT BE VACATED WHEN CHALLENGE RELATES TO "SUBSTANTIVE MATTERS AS TO THE VALIDITY OF CERTAIN SALES TRANSACTIONS AND AS TO PARTICULAR ITEMS OF DAMAGES, ALL OF WHICH ARE SOLELY WITHIN THE PURVIEW AND DISCRETION OF THE ARBITRATORS."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 64
Publication type:: Article

AWARD BY IMPARTIAL UMPIRE UNDER "NO-RAIDING" AGREEMENT DETERMINING THAT UNION VIOLATED COLLECTIVE BARGAINING AGREEMENT IN SEEKING WORK PERFORMED BY OTHER UNION'S MEMBERS WOULD BE ENFORCED UNDER SEC. 301 TAFT-HARTLEY ACT, INASMUCH AS DOUBTS AS TO ARBITRABILITY OF PARTICULAR GRIEVANCE "SHOULD BE RESOLVED IN FAVOR OF COVERAGE."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 64
Publication type:: Article

ADHERENCE TO FORMAL RULES OF EVIDENCE AND PROCEDURE IS NOT REQUIRED IN ARBITRATION PROCEEDINGS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 61
Publication type:: Article

AWARD WHICH IS IN ENFORCEABLE FORM AND WHICH DISPOSES OF QUESTIONS LEFT TO THE ARBITRATOR WILL BE CONFIRMED.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 63
Publication type:: Article

AWARD REQUESTING UNION TO DESIST FROM EFFORTS TO REPRESENT MAINTENANCE WORKERS CAN BE ENFORCED WITHOUT BEING REVIEWED ON ITS MERITS BY THE COURT.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 62
Publication type:: Article

UNION'S RIGHT TO INVESTIGATE PAYROLL, RECORDS AND CASH DISBURSEMENTS OF EMPLOYER "PERTAINING TO EMPLOYEES" DOES NOT GIVE ARBITRATOR AUTHORITY TO ISSUE SUBPOENA TO PRODUCE BOOKS AND RECORDS FOR INFORMATION AS TO MERCHANDISE MANUFACTURED.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 61
Publication type:: Article

ARBITRATOR'S AUTHORITY UNDER UNINSURED MOTORIST POLICY IS CONFINED TO QUESTIONS OF LIABILITY AND DAMAGE.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 61
Publication type:: Article

INDEMNITY CLAIM UNDER CHARTER PARTY REQUIRING ARBITRATION OF "ANY DISPUTE BETWEEN OWNERS AND THE CHARTERERS," MAY BE ARBITRATED THOUGH NOT SUFFICIENTLY MATURE TO CONSTITUTE A CAUSE OF ACTION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 60
Publication type:: Article

WHEN PRELIMINARY GRIEVANCE PROCEDURES WERE NEVER COMPLIED WITH AND UNION HAD NEVER DEMANDED THEM, FAILURE TO COMPLY WITH THEM WAS A MATTER TO BE CONSIDERED BY THE COURTS WHICH PRECLUDED UNION FROM PROCEEDING TO ARBITRATION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 62
Publication type:: Article

MOTION TO ACCELERATE ARBITRATION UNDER CHARTER PARTY WILL BE DENIED WHERE THE COURT FINDS NO JUSTIFICATION FOR CONTRACTION OF THE NORMAL PERIOD FOR APPOINTMENT OF ARBITRATORS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 62
Publication type:: Article

BECAUSE TIMELY FILING OF NOTICE OF CLAIM UNDER UNINSURED MOTORIST POLICY IS AN ISSUE TO BE DETERMINED BY COURT, ARBITRATION MUST BE STAYED.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 62
Publication type:: Article

RIGHT TO ARBITRATE LIABILITY AND DAMAGES UNDER UNINSURED MOTORIST INSURANCE IS WAIVED DURING PENDENCY OF ACTION FOR DECLARATORY JUDGMENT INSTITUTED BY INSURED AGAINST DRIVER, HIS INSURER AND MVAIC.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 61
Publication type:: Article

ALTHOUGH A CONTRACT MAY PROVIDE FOR ARBITRATION WITHOUT USING THE WORD, COURT ACTION UNDER SEC. 303 WILL NOT BE STAYED IN THIS CASE BECAUSE OF THE UNCERTAINTY OF THE ARBITRATION CLAUSE AND BECAUSE THE ACTION SEEKS A REMEDY FOR AN ALLEGED SECONDARY BOYCOTT UNDER SEC. 303, AND IS NOT AN ACTION UNDER SEC. 301 OF THE TAFT-HARTLEY ACT.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 60
Publication type:: Article

STRIKE BECAUSE OF ARREARS ON PAYMENT TO RETIREMENT AND INSURANCE FUND DID NOT AMOUNT TO REPUDIATION OF AGREEMENT PROVIDING FOR ARBITRATION OF DISPUTES OVER "INTERPRETATION OF OR ADHERENCE TO ANY OF THE PROVISIONS OF THIS AGREEMENT."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 60
Publication type:: Article

STATUTORY REQUIREMENTS THAT NOTICE OF CLAIM BE PRESENTED TO THE BOARD OF EDUCATION "WITHIN THREE MONTHS AFTER THE ACCRUAL OF SUCH CLAIM," PURSUANT TO SECTION 3813 OF THE EDUCATION LAW, IS A CONDITION PRECEDENT TO ARBITRATION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 60
Publication type:: Article

APPOINTMENT BY APPROPRIATE COURT OF GUARDIAN TO SETTLE ALL CLAIMS AFFECTING HIS WARD INCLUDES AUTHORITY TO PROSECUTE MINOR'S CLAIM UNDER ARBITRATION AGREEMENT.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 58
Publication type:: Article

VIOLATION OF NO-STRIKE CLAUSE BY WORK STOPPAGE IN REFUSING TO MAN A SHIP WAS AN ARBITRABLE MATTER UNDER THE COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR THE ARBITRATOR'S AUTHORITY "TO INTERPRET, APPLY OR DETERMINE COMPLIANCE WITH THIS AGREEMENT."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 57
Publication type:: Article

REPRESENTATIVE OF DECEASED EMPLOYEE WHO WAS DEPRIVED OF DISABILITY INSURANCE AND ACCEPTED COMPROMISE, COULD NOT BE COMPELLED TO SUBMIT TO ARBITRATION BETWEEN EMPLOYER AND UNION WHEN EMPLOYEE'S CASE WAS BASED UPON CONSPIRACY BETWEEN HIS UNION AND EMPLOYER.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 59
Publication type:: Article

FEDERAL COURT'S AUTHORITY TO COMPEL ARBITRATION IN A MARITIME DISPUTE DOES NOT EMPOWER THAT COURT TO REQUIRE THE ADVERSE PARTY TO POST SECURITY.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 59
Publication type:: Article

DISPUTE OVER VACATION PAY SHOULD PROCEED TO ARBITRATION IN SPITE OF THE COMPANY'S CONTENTION THAT NO ARBITRATION AWARD IN FAVOR OF UNION WOULD FIND SANCTION BY THE COURTS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 58
Publication type:: Article

COURT ACTION BY INDIVIDUALS NOT PARTIES TO ARBITRATION AGREEMENT ON LEASE BUT WHO ARE DIRECTORS OR OFFICERS OF CORPORATE DEFENDANT IN ARBITRATION WILL BE STAYED PENDING ARBITRATION WHERE SIMILAR ISSUES ARE INVOLVED.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 58
Publication type:: Article

THE FACT THAT THE EMPLOYER'S REFUSAL TO ARBITRATE A GRIEVANCE AFTER IT HAD GONE THROUGH GRIEVANCE PROCEDURE GAVE THE UNION THE RIGHT TO STRIKE DID NOT ALTER THE COMPANY'S OBLIGATION TO ARBITRATE.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 59
Publication type:: Article

DETERMINATION OF THE LAW APPLICABLE TO ENFORCEABILITY OF CONTRACT TERMS, INCLUDING ARBITRATION PROVISION, WILL BE MADE BY THE COURT.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 59
Publication type:: Article

UNDER A NEGOTIATED INTERPRETATION OF THE MANAGEMENT RIGHTS CLAUSE WHICH EXCLUDES FROM ARBITRATION THE SUBCONTRACTING OF "WORK TO BE PERFORMED" BUT RESERVES FOR ARBITRATION ONLY DISPUTES OVER SUBCONTRACTING OF MAINTENANCE WORK, A DISPUTE OVER THE COMPANY'S RIGHT TO RELOCATE PRODUCTION WORK TO ANOTHER PLANT WAS NOT ARBITRABLE

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 58
Publication type:: Article

NO PARTY MAY BE COMPELLED TO ARBITRATE DISPUTE UNLESS THERE IS PROOF WHICH SHOWS CLEARLY HIS AGREEMENT TO SUBMIT THE DISPUTE TO ARBITRATION OR HIS AUTHORIZATION TO PERMIT ANOTHER TO AGREE ON HIS BEHALF TO SUBMIT THE DISPUTE TO ARBITRATION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 55
Publication type:: Article

WHETHER CONTROVERSY OVER APPROPRIATE AND FAIR WAGE ADJUSTMENTS IS DISPUTE ON "TRUE INTENT AND MEANING" OF THE COLLECTIVE BARGAINING AGREEMENT, GOES, AS THE COURT SAID, "TO THE ESSENCE OF THE DISPUTE BETWEEN THE PARTIES AND PLAINLY MUST BE DECIDED BEFORE THE ULTIMATE QUESTION OF WHAT WAGES OUGHT TO BE PAID TO THE EMPLOYEES INVOLVED CAN BE REACH AT ALL

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 57
Publication type:: Article

EMPLOYER'S REFUSAL TO PERMIT UNION REPRESENTATIVE TO ATTEND INTERROGATION OF EMPLOYEE WAS GRIEVANCE SUBJECT TO ARBITRATION WHEN COLLECTIVE BARGAINING AGREEMENT REQUIRED ARBITRATION OF A GRIEVANCE INVOLVING A "GOOD FAITH CLAIM BY ONE PARTY THAT THE OTHER PARTY HAS VIOLATED A WRITTEN PROVISION OF THIS AGREEMENT."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 57
Publication type:: Article

WHETHER AIRLINE HAD OFFERED EMPLOYMENT TO PILOTS NOT THEN COVERED BY COLLECTIVE BARGAINING AGREEMENT, WAS CONSIDERED OUTSIDE THE SCOPE OF COLLECTIVE BARGAINING AGREEMENT, AND THEREFORE NOT ARBITRABLE.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 56
Publication type:: Article

DISPUTE OVER ALLEGED IMPROPER CLASSIFICATION OF EMPLOYEE IS ARBITRABLE ISSUE UNDER CONTRACT CLAUSE REFERRING TO ARBITRATION OF "ANY DIFFERENCES OR MISUNDERSTANDINGS WHICH MAY ARISE BETWEEN THE CONTRACT PARTIES."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 57
Publication type:: Article

VOLUNTARY SUBMISSION OF DISPUTE TO ARBITRATOR THOUGH PROBABLY NOT COVERED BY ARBITRATION CLAUSE, AMOUNTS TO SUBSEQUENT AGREEMENT FOR ARBITRATION "WHICH WOULD CURE ANY DEFECT IN THE ARBITRATION CLAUSE"

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 55
Publication type:: Article

DISPUTE OVER SUBSTITUTION OF TRUCKS FOR RAILROAD EQUIPMENT CONSTITUTES AN ARBITRABLE ISSUE.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 56
Publication type:: Article

EXAMINATION OF BARGAINING HISTORY OF CONTRACTING PARTIES CONCERNING THEIR NEGOTIATIONS AND ORAL UNDERSTANDINGS IS NOT A TASK FOR THE COURT BUT CAN ONLY BE PERFORMED BY THE ARBITRATORS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 55
Publication type:: Article

UNION'S CLAIMS REGARDING SENIORITY PROVISIONS OF COLLECTIVE BARGAINING AGREEMENT ARE ARBITRAL ISSUES WHEN ARBITRATION CLAUSE REFERRED TO "ANY DISPUTE OR QUESTION IN REGARD TO WAGES, HOURS, AND WORKING CONDITIONS, OR IN REGARD TO THE INTERPRETATION OR APPLICATION OF ANY OF THE PROVISIONS OF THIS AGREEMENT."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 57
Publication type:: Article

WHETHER STRIKE WAS A BREACH OF THE COLLECTIVE BARGAINING AGREEMENT WAS A MATTER SUBJECT TO AN ARBITRATION CLAUSE WHICH EXCLUDED FROM ITS SCOPE ONLY DISPUTES OVER LAYOFFS.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 56
Publication type:: Article

GENERAL CONTRACTOR'S CLAIM TO FORECLOSE MECHANIC'S LIEN FOR DELAY IS WITHIN SUBCONTRACT ARBITRATION CLAUSE PROVIDING FOR ARBITRATION OF ANY DAMAGES FOR DEFAULT OF SUBCONTRACTOR.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 55
Publication type:: Article

DISPUTE OVER REINSTATEMENT AND TRANSFER OF DUTIES IS SUBJECT TO ARBITRATION WHEN PARTIES HAD AGREED TO ARBITRATE DIFFERENCES "AS TO THE MEANING AND APPLICATION OF PROVISIONS OF THIS AGREEMENT."

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 56
Publication type:: Article

CLAIM BY SUBCONTRACTOR AGAINST CONTRACTOR FOR "EXTRAS" IS NOT ARBITRABLE WHEN A SUBCONTRACT CLAUSE EXCLUDES FROM ARBITRATION DISPUTES INVOLVING DETERMINATIONS BY OWNER.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 56
Publication type:: Article

REFERENCE IN A BROKER'S CONFIRMATION OF PURCHASE AND SALE TO "THE RULES OF THE NATIONAL SOYBEAN PROCESSORS ASSOCIATION NOW IN EFFECT" IS NOT SUFFICIENT TO COMPEL ARBITRATION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 55
Publication type:: Article

COURT NOT EMPOWERED TO ENTER JUDGMENT UPON APPRAISAL WHERE PLAIN LANGUAGE OF AGREEMENT EXCLUDES ANY SUBMISSION TO ARBITRATION.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 54
Publication type:: Article

AGREEMENTS BETWEEN SPOUSES FOR ARBITRATION OF DISPUTES AS TO MATTERS INCIDENTAL TO CUSTODY AND VISITATION RIGHTS ARE VALID.

Published in:: Arbitration Journal, 1965, v. 20, n. 1, p. 54
Publication type:: Article

ARBITRATE OR LITIGATE?

Published in:

Arbitration Journal, 1965, v. 20, n. 1, p. 49

By:

Schiffer, Allen

Publication type:

Article