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Ethical Issues and Due Process: a Panel Discussion

A panel discussion in which hypothetical situations are commented upon. The issues presented include the timeliness with which CBA procedural requirements are first raised; fairness in the allocating of hearing time; whether the arbitrator can deny a request by one party to file a written closing argument; whether, under the applicable codes of professional conduct, …

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Major issues in arbitration in the U.S. education sector:Stateside and Puerto Rico

A panel discussion of the practical problems and issues arising under collective bargaining agreements in Puerto Rico and stateside.

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Monitoring of call center employees’ conversations and data about phone use and computer use data raise “right of privacy” issues. Judicial and legislative approaches to the issue are examined, as is the consistent recognition by arbitrators of management’s right to monitor and obtain data on work performance. Professor Westin notes that monitoring can be abused, …

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A review of interest arbitration in Massachusetts police and fire disputes, Boston MBTA disputes, the airline industry, and in baseball. The role of the arbitrator in enhancing the acceptability of the process with the parties and the public is highlighted; concerns over the “split the baby” result and the possible chilling or “narcotic” effects of …

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Certification and training of labor arbitrators: Should arbitrators be certified? Dead horse rides again

The author concludes that certification for labor arbitrators would not be in the public interest, and that the “need has not been established.” Instead, the value of training programs, internships, and appointing agency requirements is noted. (A sample certification program is included.) Two differing perspectives are given on an American Bar Association survey. Commentator Greenbaum …

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