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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…

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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…

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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…

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Due process in employment arbitration: The Due Process Protocol

A brief history of the Due Process Protocol is given. It is observed that, for even those organizations and arbitrators who purport to comply with the Protocol, there is no…

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Globalization and its effect on collective bargaining and labor arbitration

A discussion about the effects of globalization on labor organizations and the workforce. Arnold Zack presents a paper addressing the role of labor relations in the developing world, the role…

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Procedural rulings during the hearing

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…

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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…

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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;…

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Unique problems and opportunities of permanent umpireships: A panel discussion

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…

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Professor Zack describes the history of Chinese labor relations from 1949 to the present and states that understanding the labor relations scene is integral to understanding the political future of…

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