47 Minn. L. Rew. 531 (1962-1963)
Labor Arbitration and Federal Pre-emption: The Overruling of Black v. Cutter Laboratories

handle is hein.journals/mnlr47 and id is 541 raw text is: Labor Arbitration and Federal
Pre-emption: The Overruling of
Black v. Cutter Laboratories
In the 1956 case of Black v. Cutter Laboratories, the
United States Supreme Court exhibited some judicial hos-
tility toward the labor arbitration process by allowing a
state court to overturn an arbitration board determination
that an employee had been fired for her union activity and
not for her communist affiliations. In this Article, Pro-
fessor Kovarsky examines the opinions of the arbitration
board, the California Supreme Court, and the United
States Supreme Court in the Black case, and then analyzes
subsequent United States Supreme Court decisions involv-
ing both communism and judicial review of arbitration
awards in labor disputes. He concludes on the basis of
these later cases that Black v. Cutter Laboratories has
been impliedly overruled and that a federal policy de-
ferring to arbitration avards in labor disputes has been
announced that pre-empts the field.
Irving Kovarsky*
The substantial use of labor arbitration as a democratic means
of resolving employer-union differences is a twentieth century
development. During the formative years of the United States, in-
dustrialists, economists, and judges exhibited hostility toward
unions, and the growth of organized labor and collective bargain-
ing was retarded. Since unions were not in a position to make
many demands, even in the limited industrial areas where collec-
tive bargaining was practiced, labor arbitration was resorted to in-
frequently. Starting with the Railway Labor Act of 1926,' the
Norris-La Guardia Act of 1932,2 and the National Labor Rela-
*Associate Professor, Department of Management, Southern Illinois
University. The author wishes to thank Philip T. Legendre, graduate student
at Southern Illinois University, for his assistance.
1. 44 Stat. 577 (1926), as amended, 45 U.S.C. §§ 151-88 (1958).
2. 47 Stat. 70 (1932), 29 U.S.C. §§ 101-15 (1958). See § 102, which
discloses the need for union representation, and § 108, which specifies that:

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