Synopsis By: Lurie - Proceeding Author: W. Willard Wirtz

The author is not referring to legal due process but, rather, “due process” as the exercise of authority with a “due” regard to the balancing of the two kinds of interests, individual and group interests. The center of responsibility in developing the procedural ground rules for labor arbitration has been more in the arbitrators than in the parties. The determination of those ground rules requires a broad balancing of interests, including recognition of independent individual interests even where this means – in the unusual case – piercing the institutional, representative veil. The author discusses specific subjects in which the balancing of interests by the arbitrator is required.