Comment by Paul Trapani
This Comment will examine how, with the circuit court split, the question as to the arbitrability of side letters provides an open window in which courts can revisit the veracity of the Steelworkers Trilogy presumption in the current labor environment. Part II focuses on how arbitration became the preferential practice in labor disputes, specifically through legislation and court decisions. Part III examines the circuit court split in determining the arbitrability of ambiguous side letters to collective bargaining agreements. Part IV addresses the ground-level and legal changes that have taken place since the Steelworkers Trilogy decision. In particular, Part IV.C indicates how those changes have challenged the effectiveness of the Steelworkers Trilogy presumption in maintaining industrial peace. Finally, Part V advocates an inversion of the Steelworkers Trilogy presumption as a way to best facilitate industrial peace in the new labor environment and stem the collapse of the collective bargaining framework.
About the Author
Paul Trapani. J.D. candidate 2009, Tulane University School of Law; B.A. 2003, Tulane University.
Citation
83 Tul. L. Rev. 559 (2008)