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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…

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Decisional thinking: West Coast panel report:Conclusion and Panel discussion

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…

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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…

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Howard Block proposes that courts should no longer adhere to the employment-at-will doctrine in the private sector; that legislation protecting private sector employees against unfair dismissal is overdue; and that…

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Procedural rulings during the hearing

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…

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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…

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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…

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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…

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

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

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