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A review of four recent autobiographies of distinguished members of the Academy: Benjamin Aaron, Jim Jones, Richard Mittenthal and Arnold Zack.

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Professor Nolan identifies the forces to which the decline of labor unions are often attributed, but posits that it was the inability of unions to bargain at the national level (sometimes termed “corporatism”), as they had from the 1930’s until the 1970s, that has engendered their decline. He the trend, of slow descent, as likely …

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A critique of WORK/FAMILY CONFLICT, a paper by Professor Joan Williams that exams the changing demographics of working families and, specifically, the arbitration decisions pertaining to conflicting work-family obligations. Professor Nolan observes that Professor Williams’ paper includes an insightful taxonomy of the family-need arguments that arbitrators have found compelling, and those they have not. In …

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This paper contains a description of the measures that can be invoked for strikes deemed “national emergencies,” and the realities faced in their application. The Act’s statutory procedure, the 2002 Executive Order creating the Board of Inquiry for the ILWU West Coast lockout (of which Board the author was a member), and the Board’s report …

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Professor Nolan presents a history of labor arbitration and of the National Academy (including the recent decline in membership) and the rise in employment arbitration. He describes three alternatives for the Academy’s future: 1. continue to confine membership to labor arbitrators, 2. include employment arbitrators and members (“The National Academy of Labor and Employment Arbitrators”), …

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The arbitration hearing: Part 2. Arbitral therapy

In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically therapeutic effects that can derive from the choice of hearing site, informality of the hearing, and the role of the arbitrator. In the comments that follow, the authors opine that …

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Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong

Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the consent of both parties.” In this 3-part article, Attorney Ellman offers reasons that the provision should be deleted from the Code; Attorney Campbell for management, …

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The Code and post-award arbitral discretion

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and adopts the view that arbitrators are not functus officio until the job is finished. Arbitrator Nolan discusses several specific ethical issues and Arbitrator Quinn advises …

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Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1) be enforceable and impervious to legal attack, 2) deter legal challenges (i.e., provide no legal “handle” for appeal) and 3) satisfy the losing party that they have had their “day …

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The arbitrator’s immunity from suit and subpoena

The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or subpoena, and present possible responses to each.

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