The NAA agora: What’s right with labor arbitration, and how to keep it that way.
A panel discussion about the roll of the arbitrator, the mentoring and acceptance of new arbitrators, continuing education and training, and best practices.
Abrams; Roger I.
Liberation arbitration:The baseball reserve clause case
The author agrees with the Seitz conclusion in Messersmith as a matter of policy, but finds error in the decision.
The arbitration hearing: Part 2. Arbitral therapy
In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically… Read More »The arbitration hearing: Part 2. Arbitral therapy
The arbitration process: 2. Arbitral craftsmanship and competence
Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1)… Read More »The arbitration process: 2. Arbitral craftsmanship and competence
The arbitrator’s immunity from suit and subpoena
The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or… Read More »The arbitrator’s immunity from suit and subpoena