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By contrast, in conventional arbitration, parties are more likely to call on the arbitrator to decide disputed issues, giving the arbitrator the power to craft a "reasonable" award. In addition to promoting settlement, use of FOA leads parties to adopt reasonable positions during the arbitration, because an unreasonable position will almost ...
The company, Patrick Stevedores applied for special leave to appeal from a decision of the Full Court of the Federal Court of Australia, [1] which itself was an appeal from a decision by Justice Tony North of the Federal Court upon an application for urgent interlocutory relief which had been brought by the Maritime Union of Australia. [2]
NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a United States labor law case decided by the Supreme Court of the United States.It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
As the title reflects, there is a difference of opinion as to whether there is a "common law of the shop." Upon careful reading, these analyses are tied to the record made before the arbitrator, and the unique elements of the contracts which the arbitrator is trying to apply and interpret. Black letter principles are followed by analytical ...
A British shop steward discusses an issue with a foreman during WWII. A union representative, union steward, [1] or shop steward is an employee of an organization or company who represents and defends the interests of their fellow employees as a trades/labour union member and official.
a reasoned award is not a sub-category of award, but is used to describe an award where the tribunal sets out its reasoning for its decision. [ 9 ] an additional award is an award which the tribunal, by its own initiative or on the application of a party makes in respect of any claim which was presented to the tribunal but was not resolved ...
Lord Hendy's submission ignores the distinction between the general right to freedom of association protected by article 11 and trade union freedom, which is a "special aspect" of that right: see the quotation from Demir at para. 10 above (which is in fact repeated by the Grand Chamber in the Good Shepherd decision itself – see para. 130).