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George Cohen is Director of the Federal Mediation and Conciliation Service. He discusses the usefulness of mediation for the difficulties of first-contract negotiations, and the advantage gained by cultivating relationships in advance of bargaining. He discusses federal and private-sector training programs that have been effective, the latter including ArcelorMittal with the Steelworkers Union, and Kaiser …

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The NAA agora: What’s right with labor arbitration, and how to keep it that way.

A panel discussion about the roll of the arbitrator, the mentoring and acceptance of new arbitrators, continuing education and training, and best practices.

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Hot topics in sports arbitration

The panelists discuss recent developments in sports arbitration including, especially, the Terrell Owens decision issued by Arbitrator Richard Bloch.

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The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that the arbitrator then present a thorough analysis of those arguments in his or her decision. Doing so may reduce the likelihood of vacatur.

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An examination of court decisions (post-Misco ) in which arbitration decisions have been vacated on grounds other than “public policy.” Such grounds include contractual limits on the arbitrator’s authority, the arbitrator’s adding to the terms of the CBA, failure of the decision to “draw its essence” from the CBA, and irreconcilability of the decision with …

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Arbitration in the employer welfare state

Professor Rothstein posits that employers are assuming governmental functions, carrying out or responding to legislation that uses the workplace to address social problems, including non-economic problems, and that arbitrators are increasingly called upon to rule on these subjects. Examples include drug testing and health insurance. The author argues that employer responsibilities should be limited to …

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An appraisal of past efforts to promulgate rules for advocates’ professional responsibility, concluding that the subject is a non-issue and not worthy of future attention.

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Admissibility of evidence

Excerpts from workshops on the admissibility of evidence. The subjects include 1) the grievant’s prior employment record; 2) spotters’ reports; 3) decisions of other tribunals; 4) new evidence at hearing; 5) the grievant’s post-discharge conduct; 6) stolen documents; 7) lie detector tests, and 8) burden of proof.

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