Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
March 16, 2005
Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the admissibility of various aspects of its evidence.