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Is it time for a national unfair dismissal statute?

George Nicolau presents the benefits of a national unfair dismissal statute and how it might function. The panelists discuss possible the possible beneficial and harmful consequences of such a statute.

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Implementing remedies and retaining jurisdiction3. Panel discussion

The authors respond to questions and receive comments about the retention of jurisdiction in the United States and in Canada.

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Acknowledging that arbitrators disagree on whether jurisdiction should be retained following issuance of the decision, and giving examples where the retention of jurisdiction was efficacious, if not essential, the author advises his fellow arbitrators, “don’t worry about retaining jurisdiction if circumstances call for it. The process, the parties, and the grievants will all be better …

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Reminiscences of George Nicolau

George Nicolau describes his life experiences, insights, observations about the arbitration profession, and his plans. Arnold Zack asks the questions.

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Reminiscences

George Nicolau describes his life experiences, insights, observations about the arbitration profession, and his plans. Arnold Zack asks the questions.

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The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single party, in order to carry out an award’s intent, and further advocates amendment of Section 6.D.1. of the Code of Professional Responsibility accordingly.

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NAA President Nicolau discusses the measures the Academy and its member should take to preserve fairness and effectiveness given the increasing frequency with which arbitrators are called upon to resolve statutory disputes.

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Panel discussion: Utilities

The effects of the transition of Pacific Gas and Electric from a regulated to a competitive industry, and the participation of its unions – the IBEW and ESC. The historic adversarial arrangement is being replaced with one of consultation and collaboration, using labor-management committees. Issues that have been contentious are bumping and job protection associated …

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The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed when discovered, and in sufficient time for the Union to prepare a defense, the employer is entitled to present it and the arbitrator is obligated …

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