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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 parties, the process and the judiciary. For example, it makes no sense to issue an award in which a remedy is prescribed in general terms …

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Reminiscences: A fireside chat with Alex Elson.

The reminiscences of Alex Elson, a founding member of the Academy, of his life experiences, and observations about arbitration.

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Arbitral discretion: The tests of just cause

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 arbitration: the tests were developed in the context of the railroad industry and ought not govern in the private sector, where arbitration hearings are de …

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The presidential address: The adversary system in arbitration

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 and a full and fair hearing. Arbitrators, as opposed to the parties, are viewed as setting and ensuring standards of fairness in the arbitration hearing. …

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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 side; 6) medical affidavits; 7) closing arguments, briefs, remedies; 8) token presentations, agreed awards, and disqualification of the arbitrator.

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What price employment? Arbitration, the Constitution, and personal freedom.

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 incorporating the mandates of the Bill of Rights into collective bargaining relationships. The proceedings conclude with rebuttals by the commentators and a general discussion by …

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