Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong
March 16, 1992
Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the consent of both parties.” In this 3-part article, Attorney Ellman offers reasons that the provision should be deleted from the Code; Attorney Campbell for management, Attorney Nichols for labor, and Arbitrator Dennis Nolan state why they believe the provision should be retained.