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,… Read More »Should arbitrators retain jurisdiction over awards?On retaining jurisdiction
The reminiscences of Alex Elson, a founding member of the Academy, of his life experiences, and observations about arbitration.
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… Read More »Arbitral discretion: The tests of just cause
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… Read More »The presidential address: The adversary system in arbitration
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;… Read More »Procedural rulings during the hearing
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… Read More »What price employment? Arbitration, the Constitution, and personal freedom.