Analysis and recommendations drawn from a survey of arbitrator apprentices.
Professor Zack recounts how the Code came into existence and was amended, and stresses the importance of adherence to the Code by arbitrators; its enforcement by the NAA, designating agencies…
The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator;…
The author furnishes some history of the tripartite arbitration system, and then examines the benefits and risks of tripartite panels, and their impact on the neutral’s decision-making responsibilities. He is…
Having heard panel members take exception to some of his considered opinions about the occasional shortcomings of tripartite arbitration panels, Arnold Zack responds: “I have sat here patiently through these…
Procedural rulings during the hearing
Howard S. Block, Sanford Cohen, John E. Dunsford, William J. Fallon, Myron L. Joseph, Edward B. Krinsky, Theodore J. St. Antoine, Arnold M. Zack
March 16, 1982 Proceedings Database
Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing…
The advantages and disadvantages – for the arbitrators and for the parties – of permanent umpire relationships. The historical genesis of such relationships is discussed; umpireships and ad hoc arbitrations…
President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk…
George Schultz, former U.S. Secretary of Labor, Director of the O.M.B, U.S. Treasury Secretary, and Assistant to the President of the United States, discusses his career. With introductions by Arnold…
George Nicolau describes his life experiences, insights, observations about the arbitration profession, and his plans. Arnold Zack asks the questions….