Procedural problems in the conduct of arbitration hearings: A discussion
January 1, 1964
A discussion of the following procedural disputes: Ruling on arbitrability before hearing the merits – ex parte hearings – calling the opposing party’s witnesses first – admissibility of settlement offers – new evidence not discussed during previous steps of the grievance procedure – whether cross-examination is limited to the scope of direct-examination – cutting off a witness by the arbitrator – arbitrator activism – the admissibility of opinion with respect to the meaning of the contract – tripartite panel procedure – arbitrator’s reliance on a contract provision not relied on by the parties – admissibility of an affidavit or a doctor’s certificate absent the writer – request by the union at arbitration to withdraw a grievance without prejudice – unfair or inept stipulations or submission agreements – hearing of a jurisdictional dispute – request by a party that the arbitrator withdraw – permitting other than the spokesperson to question the witness – presence of court reporter or stenographer.