Degree Discipline

Arbitral Reaction to Alexander v. Gardner-Denver Co.: An Analysis of Arbitrators' Awards, April, 1974-1980 (open access)

Arbitral Reaction to Alexander v. Gardner-Denver Co.: An Analysis of Arbitrators' Awards, April, 1974-1980

The purposes of this study were: (1) to present data resulting from an analysis of the ninety-seven published grievance-arbitration awards involving issues of racial discrimination occurring between April 1, 1974, and December 31, 1980? and (2) to determine from the data how labor arbitrators have reacted to Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) . The Supreme Court held that labor arbitration was a "comparatively inappropriate" forum for the resolution of employment discrimination disputes. However, the Court said that an arbitral award could be "accorded great weight" by a lower court when certain relevant factors are present in an award. The cases were analyzed to determine the extent to which arbitrators responded to the factors set forth in the Gardner-Denver decision.
Date: August 1981
Creator: Owens, Stephen D. (Stephen Dennis)
System: The UNT Digital Library