Dunsford posits that Carroll Daugherty’s “seven tests” of just cause are misleading in substance and distracting in application, and disputes that the tests are part of the “common law” of…
An examination of the role of the Supreme Court in criminal cases and cases involved in the disciplining or discharge of government employees. The author recommends that arbitrators work toward…
Procedural rulings during the hearing
Howard S. Block, Sanford Cohen, John E. Dunsford, William J. Fallon, Myron L. Joseph, Edward B. Krinsky, Theodore J. St. Antoine, Arnold M. Zack
March 16, 1982 Proceedings Database
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…
The presidential address: The adversary system in arbitration
Benjamin Aaron, John E. Dunsford, Harry T. Edwards, Judith Vladeck, W. Willard Wirtz
March 16, 1985 Proceedings Database
A review of the limitations of adherence to a strictly adversarial format in labor management arbitration and the preeminent role of the arbitrator in setting and ensuring standards of fairness…
The reminiscences of Alex Elson, a founding member of the Academy, of his life experiences, and observations about arbitration.
Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit, serves the interests of the…