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A brief overview of free speech conflicts and rights in the public and private sectors, and the tension between such rights and the employer’s obligations under Title VII of the Civil Rights Act of 1964.

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Other people’s messes: The arbitrator as cleanup hitter

Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he sent Academy members. Rolf Valtin opines that parties’ use of the words “final and binding” connotes their intention that an arbitration decision will not be merely advisory; not their intention …

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Decisional thinking: West Coast panel report:Conclusion and Panel discussion

The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and a broad range of subjects pertaining to decision-making in arbitration.

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The author maintains that, under Collyer, deferral has been distorted to mean a national policy in favor of arbitrating all disputes involving contract terms, making compulsory a process that was intended to be available to labor and management as a voluntarily method of dispute resolution. Professor Alleyne asserts that the Board’s discretion has been improperly …

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