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A review of the arbitration process from the perspective of twenty-five years. The author submits that the greatest accomplishment in that time has been the development of a substantial body of principles now generally accepted by arbitrators, labor and management. The area in which the least has been accomplished is in the development of new …

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National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice because, unless there is a no-strike clause, the employees’ right to strike renders all of the employer’s power conditional. Second, the Supreme Court, in Warrior and Gulf, ruled that the …

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A colloquium on the arbitration process

A discussion of whether arbitration satisfies the needs of the parties with respect to expediency, expense and justice. Also discussed is whether management and labor share a common interest in the use of arbitration.

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Constraint and variety in arbitration systems

An essay on the differences in concepts of arbitration, how they originated, and the apparent uniformities in the evolution of arbitration systems. The authors discuss the two types of permanent arbitration systems extant prior to 1940 – the Impartial Chairman System and the umpire system, – and the development of arbitration systems after 1940. Also …

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Automation and job evaluation techniques

An analysis of the problems of an arbitrator who is called upon to use job evaluation techniques in a situation affected by automation. The analysis points out that the difficulties arise because the factors weighing heavily in determining the value of a job are of lesser significance in automated jobs; whereas other factors are of …

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Grievance adjudication in public employment

An examination of the final disposition of employee grievances in the public sector. “Under the circumstances [i.e., in 1958], it is not surprising that there is less union organization in government than in private industry.. the preconditions on which private grievance arbitration depends are all but nonexistent in government.” Professor Rock then observes that “Until …

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Report of the Committee on Research and Education: Education and training of arbitrators

The Committee’s 1950 eponymous report.

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