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What’s Up, Doc? Medical Conundrums in Arbitration

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a condition of continued employment.

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President Fleischli describes how his work experience brought him to service as a labor arbitrator, and the reasons that he finds the practice to be satisfying and worthwhile. He emphasizes the need to preserve the virtues of arbitration, especially insofar as it pertains to employer promulgated systems and employment arbitration disputes. President Fleischli cites the …

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Introduction

An introduction to two articles about remedies in arbitration awards. Arbitrator Fleischli observes that the parties often fail to sufficiently address the subject of remedy.

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Recent developments in professional ethics: Implications for arbitrators and advocates.

An examination of the ethics of arbitrators advertising their services, including employment arbitration and mediation; of furnishing training to solely one party; and of serving as an expert witness. Amendment of the Code of Professional Responsibility in 1996, to permit the providing of accurate and objective information about an arbitrator, is also discussed.

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The report of the Committee on whether, as a matter of NAA policy, the current ban on advertising, contained in the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes, should be continued.

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A review of published cases discloses that plant closings have given rise to numerous disputes over the existence of restrictions on the employer’s right to take such action, and the availability of employee benefits. However, no new theories of contract rights have evolved.

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A review of published cases discloses that plant closings have given rise to numerous disputes over the existence of restrictions on the employer’s right to take such action, and the availability of employee benefits. However, no new theories of contract rights have evolved.

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The author presents the results of a 1987 FMCS survey of advocates who had requested arbitration panels. Those results include demographic information about the advocates, the factors that they reported bore the most weight in their selection of an arbitrator, and the consensus that there are too few women and minority arbitrators in relation to …

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