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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 other. Jerrold Glass and Seth Rosen examine how such cases have been handled in the airline industry, and describe the emotions that can arise during …

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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 is rejected.

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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 of disputes, and in fashioning remedies. Because arbitrators are selected based upon experience, expertise and reputations for fair and reasonable decisions, the discretionary authority is …

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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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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 of permanent umpireships by Sylvester Garrett follows.

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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 obstacle to 1) the training of new arbitrators and 2) the improvement of arbitrators whose acceptance is marginal, as well as a handicap to appointing …

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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, by management, between firmness and patience; and, (3) he draws a distinction between “”negative leadership”” and “”affirmative leadership”” when considering disciplinary action taken against Union …

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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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