compulsory arbitration
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 321 U.S. 50 - Brotherhood of Railroad Trainmen Enterprise Lodge No 27 v. Toledo P & Wrr · 1944Most cited · 526 citing opinions
This is not compulsory arbitration. It is compulsory choice between the right to decline arbitration and the right to have the aid of equity in a federal court
How often courts cite the cases defining “compulsory arbitration”
Court decisions citing the 2 opinions that defined “compulsory arbitration” — 645 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1925–1944
- 1925·267 U.S. 552 - Chas. Wolff Packing Co. v. Court of Industrial Relations of Kansas[p18]· cited 126×ORIGINAL
We recognize that in its usual acceptation the term indicates a proceeding based entirely on the consent of the parties. And we recognize also that this act dispenses with their consent. Under it they have no voice in selecting the determining agency, or in defining what that agency is to investigate and determine. And yet the determination is to bind them, even to the point of preventing them from agreeing on any change in the terms fixed therein, unless the agency approves. To speak of a proceeding with such attributes merely as an arbitration might be subject to criticism, but we think its nature is fairly reflected when it is spoken of as a compulsory arbitration.