Question

1- What are the three basic protections for arbitration laid down by the Supreme Court in the Steelworkers' trilogy?

2- Supreme Court decisions on fair representation yield six principles. What are they?

please need clear and good answer

Answer 1

2. The following are the six principles yielded by Supreme Court decisions on fair representation:

i. Employees’ right to contract terms enforced to their benefit.

ii. No right for an employee to insist on a personal interpretation of a contract term.

iii. Each individual should have equal access to grievance procedures hence no individual can require that a union process a grievance to arbitration.

iv. No settlement should be made on the basis of personal motives by union officials since this constitutes bad faith.

v. Grievances should be decided based on individual merits and not traded for other grievance settlements.

vi. The union must exercise diligence in investigating the situation that led to grievance while it is entitled to judge the relative merit of grievances.

1. 1- contractual arbitration clauses require that parties arbitrate unresolved grievances
2- The arbitrator determines the substance of the grievance and not the courts
3- If an arbitration clause exists, unless a dispute is clearly outside contract provisions, courts will order arbitration