Settlement criteria in public sector interest arbitration must be realistic but also acceptable to the parties. That balance may be difficult to achieve in the public sector, where salaries have…

Arbitrator Block describes the panel’s inquiry as addressing both the fact-finding and decisional aspects of the trier’s role….

The processes and factors associated with the evaluation of the evidentiary value of testimony are presented.

A discussion of the process – logical and intuitive – by which decisions are made…

Two principal aspects of the decision-making process in a given case involve: (1) fact-finding – an evaluation of the factual record of the case; and (2) rule determination – establishing…

The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full disclosure while avoiding the legal…

Arbitrators, judges, and lawyers consider questions of law commonly considered by federal appellate courts reviewing NLRB decisions and the kinds of questions of law ordinarily considered by trial judges considering…

The duty of fair representation is examined: The union is the certified and exclusive representative of all the employees in the unit, including the disaffected grievant. Unless there is conclusive…

The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and a broad range of subjects…

Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing…