NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential function of grievance arbitration under the NLRA. Strict adherence to the parol evidence rule, the residual rights construction principle, and general principles of construction for other contracts are sited as …

Read more

Problems in opinion-writing: A panel discussion

The panel discusses some general criticisms of and ideas for improving written opinions, and their individual writing styles.

Read more

A discussion of one of the “bread and butter” aspects of grievance arbitration – the opinion. The author suggests that the parties should participate with the arbitrator in the formulation of opinions as a way of improving their quality.

Read more

The role of lawyers in arbitration

A response to accusations that arbitration is becoming more like litigation, and that arbitrators are acting more like judges. The author argues that both attorneys representing clients in arbitration and arbitrators themselves are adapting to the demands of the parties. The participants discuss the quasi-judicial versus the mediative role of the arbitrator.

Read more

Impartial umpireships: The General Motors – UAW experience

The author sets forth the history of the permanent arbitration system at Ford, the operation of the system, and an evaluation of the effectiveness of the system. A brief discussion of permanent umpireships by Sylvester Garrett follows.

Read more