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The fine art of engineering an arbitration system to fit the needs of the parties

The design and operation of permanent arbitration arrangements is discussed. The composition and methodology of (1) the Teamsters-Anheuser Busch Multi-Plant Grievance Committee, (2) the United Mine Workers and Bituminous Coal Operators Assn., and (3) the Steelworkers and steel companies are described.

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Updating arbitration

Author Fisher maintains that the arbitration process is too confrontational, and that centralized control and authority must give way to more local control. He describes the United Steel Workers Union and various steel companies expedited arbitration panels as examples. He contends that Arbitrators should not be viewed as judges in technical, arm’s-length disputes between strangers …

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Implementation of arbitration awards

An examination, through example, of the results that flow from arbitration awards. Arbitrators are accountable for the acceptability of their own awards. Consequently, regardless of the ruling on the merits, awards must be precisely and convincingly written in a manner that renders the decision a “salable product” to both parties, that avoids technical challenge by …

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In response to an opposing paper, the author suggests that the parties say more by the arbitrators they designate than by their doctrinal protestations. The author asserts that arbitration must be stable and that continuity, knowledge and experience should be brought to the hearing: that the parties have an obligation to help arbitrators and not …

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The use of neutrals in collective bargaining

The author recommends using expert neutrals as consultants and as members of study committees for the purposes of fact-finding, to raise difficult issues, and to offer non-binding recommendations and provide mediation during contract negotiations.The discussants stress that such intervention must be the voluntary choice of the parties.

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