American Mfg', Warrior

1
American Mfg., Warrior Gulf

• Courts must not determine the merits of a claim
• to be done by arbitrator (per parties agreement)
• courts may not go beyond arbitrability by
  deciding on merits
• one question for court is this a dispute over a
  matter that the parties have agreed to arbitrate?
  (is the case arbitrable? see ATT Technologies
  v. Comm. Workers, U.S. Supreme Court, 1986)
• What did the parties agree to arbitrate?
• resolve doubts in favor of arbitrability
• Is it absolutely clear that this is a matter that
  the parties have agreed will not be subject to
  the grievance procedure and arbitrated? If not,
  must arbitrate.
• In general, matters of arbitrability left to the
  arbitrator by voluntary action of parties

2
Sample Language (from actual agreements)

• . . . a grievance is defined as any question,
  dispute, or disagreement involving an
  interpretation or application of this Collective
  Agreement.
• (The arbitrator) shall have no authority to rule
  upon job descriptions, work assignments, work
  standards, or personnel requirements

3
What is the difference?

• The contracting out of maintenance work . . .
  is strictly a function of management not limited
  in any way by the labor agreement . . .
  (District Court opinion, OHH at 610).

• The collective agreement had withdrawn from the
  grievance procedure matters which are strictly a
  function of management and contracting out fell
  within that exception (Court of Appeals opinion,
  OHH at 610).

4
Arbitration is always voluntary.

• There is no law that requires the parties to
  arbitrate.

5
Compare Commercial and Labor Arbitration

• Commercial Arbitration
• a substitute for litigation
• associated with a breakdown of a relationship

• Labor Arbitration
• a substitute for a strike or a lockout
• part of a CB process
• implies the relationship is working
• Part of a continuing relationship

6
Concept of a Collective Agreement

• Creates a governance system
• system of industrial self-government
• a generalized code to cover a myriad of cases
  which the draftsmen cannot anticipate
• More than a system of rights and obligations