id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2265	Hill Jr., Marvin	The Authority of a Labor Arbitrator to Decide Legal Issues Under a Collective Bargaining Contract: The Situation After Alexander v. Gardner-Denver	1977	32	.pdf	application/pdf	15581	626	49	™ In support of its position, the Court stated that deferral criteria which adequately insured effectuation of Title VII rights /d at 52 n.l5. [Vol. 10:899 judicial fact-finding;^^ (5) the record of the arbitration proceeding is generally incomplete relative to that of a court; the usual rules of evidence do not apply; and the rights and procedures common to civil trials, such as discovery, compulsory process, cross- examination, and testimony under oath, are often severely limited or unavailable;^^ (6) arbitrators have no obligation to the court to give reasons for an award;® (7) the general informality of the arbitration procedure relative to the court system makes it a less appropriate forum for final resolution of Title VII issues; and (8) the interests of an individual employee may be subordinated to the collective in- terests of all employees in an arbitration hearing, due in part to (a) the union's exclusive control over the manner and extent to which an individual grievance is presented;®^ (b) the lack of harmony of in- terest between union and employer, given a charge of racial dis- crimination against the former; and (c) the difficulty of establishing a breach of the duty of fair representation.®^ B. Alexander and the Authority of the Arbitrator The Alexander decision has resolved little of the Meltzer- Howlett-Cox-Mittenthal debate.	cache/inlawrev-2265.pdf	txt/inlawrev-2265.txt