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An explanation of how the Committee formulates and issues ethical opinions, and the text of Opinions 1 and 2.

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The author offers several observations about disciplinary actions. He recommends (1) that factual uncertainty and doubt be considered a mitigating factor; (2) he observes that “corrective discipline,”” requires a balance,…

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Evaluation of arbitrators: An arbitrator’s point of view

Arbitrator Alexander gives his perceptions on the evaluation of arbitrators by employers and unions. The lack of a generally accepted statement of what is desirable is posited to be an…

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Impartial umpireships: The General Motors – UAW experience

The author sets forth the history of the permanent arbitration system at Ford, the operation of the system, and an evaluation of the effectiveness of the system. A brief discussion…

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Reflections on decision making

The author asserts that arbitral decision-making is only partly a result of rational thought – reasoning from general principles – and also includes elements of intuition and imagination….

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Discretion in arbitration

Although rarely expressly authorized by the parties to exercise discretion as to any matter, arbitrators exercise discretionary authority in the conduct of the hearing, in arriving at the substantive outcome…

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A discussion of the need for standards of advocacy conduct and the absence of a means to enforce the manner and form of advocates’ case presentation. Policing by the NAA…

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Special issues in arbitration: Strike-related discipline

Arbitrator Alexander examines arbitration decisions dealing with misconduct during strikes, and finds lines of demarcation between serious and premeditated misconduct on the one hand, and impulsive emotional interaction on the…

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