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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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Title: The quality of adversary presentation in arbitration: A critical view

A discussion of the quality of advocacy in labor arbitration and the responsibility of advocates to ensure they do not damage continuing labor-management relations. Panelists discuss the importance of a fair and neutral arbitration system to employee and supervisory morale, the damage that can be done by adding too many legalisms and formalities to the …

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For David P. Miller

Members pay tribute to David P. Miller, who died at the age of 55 on March 22, 1975, while serving as President of the Academy.

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Seward suggests that the true measure of the progress of arbitration is not solely in the body of opinions but in the development of the institution itself, as an orderly and effective dispute resolution device. With that in mind, the process must be able to change and adapt itself to address changes in the problems …

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The author identifies ten precepts that although are now uniformly accepted in private grievance arbitration, were once vigorously disputed. Among them is the notion that an employee should obey now and grieve later, that new evidence and new contentions should not be introduced at arbitration. However, now that private grievance arbitration is an established, even …

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The automated arbitrators

The author humorously foretells the events of the first proceeding ever conducted by an Electronic Hearing Officer, the selection of arbitrators by computer and computerization of the decision-making process. The commentators make their contributions in verse.

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A discussion of the problems inherent in reconciling the static language of the collective bargaining agreement with the pressures for industrial change and development. The author discusses the problems associated with the various meanings of the word “job,” the basis of wage payments, and the concept of past practice.

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The development of qualified new arbitrators

A discussion of the problems involved in developing new arbitrators. Issues of training, certification, potential blacklisting, apprenticeship, the role of the appointing agencies and of the National Academy are considered.

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The next decade

The author reviews the accomplishments of the Academy over its first ten years and urges the organization to make further contributions to the parties and the process. The accomplishments include defining the membership policy, creating the basic ground rules of a Code of Ethics, and providing companionship and friendship in a lonely profession.

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