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For example, in the case of labor collective bargaining, a trade union may demand a wage increase of 7% and the management may offer 3%. The arbitrator's decision has to choose between awarding a 3% or a 7% increase.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
2. Role of Unions: While union membership has declined in recent decades, unions still play a crucial role in the collective bargaining process, representing workers in negotiations with employers. [19] 3. Bargaining Representative: Employees can appoint a bargaining agent, such as a union representative, to negotiate on their behalf. [20] 4.
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]
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 ...
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
Most legal systems provide that, in default of agreement, a new arbitrator shall be appointed using the provision for appointments which applied to the original arbitrator that has vacated office; [9] the tribunal itself (once reconstituted) should determine whether, and if so, to what extent, previous proceedings stand; and the appointments ...
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. [1]