The presidential address: The common law of the shop

January 1, 1973

Synopsis By: Greco
Proceeding Author:
Gerald A. Barrett
 

Academy President Barrett states that the common law of the shop has developed as a result of arbitrators’ decisions that have spelled out what guidelines must be followed by the parties. Nonetheless, he advises that where the law of the shop has been well-defined, drawing increasingly fine distinctions can end up lacking substantial difference, and can be counter-productive to the purpose of arbitration. He suggests that decisions be shortened and/or that they be discarded entirely where appropriate and where the parties have so agreed.


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