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Procedural problems in the conduct of arbitration hearings: A discussion

A discussion of the following procedural disputes: Ruling on arbitrability before hearing the merits – ex parte hearings – calling the opposing party’s witnesses first – admissibility of settlement offers – new evidence not discussed during previous steps of the grievance procedure – whether cross-examination is limited to the scope of direct-examination – cutting off …

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Remedies in labor arbitration

The author suggests that the parties may often be in a better position than the arbitrator to determine the appropriate remedy, and encourages remand. He views arbitration as being the most useful when it does not substitute for collective bargaining, and urges restraint in fashioning novel remedies: e.g., fines, injunctions, and punitive damages.The author defines …

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