Arbitrator Mittenthal describes steps he often takes to assure an efficient hearing but thorough hearing: a prehearing request for the cba and written grievance file,… Read More »“Arbitral Initiatives”: A Brief Overview
Arbitrator Mittenthal examines alternative means of addressing the remedy when delay of the arbitration results in reinstatement after months of unemployment.
Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those… Read More »Arbitral implications: Hearing the sounds of silence
The classic discussion of past practice. When does a customary way of doing things become a binding contractual obligation and when may it be changed?… Read More »Past practices and the administration of collective bargaining agreements