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Attorney Boone examines how industrial democracy has been promoted by the Trilogy cases.He examines the intellectual, legal, and historical context of the Trilogy; and the role of union advocates in preserving, through arbitration, a viable labor movement.

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The Role of the Arbitrator, If Any, Prior to the Hearing – a Panel Discussion

The panelists agree that an arbitrator can facilitate pre-hearing matters, such as the production of documents, definition of the issues, and exploring settlement. However, they also agree that the arbitrator should be circumspect, given his/her lack of knowledge of the case, and should conduct any such efforts openly, and with attention given to due process.

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The author examines the increasingly adversarial and legalistic nature of arbitration and how it undermines the objective of providing a quick, efficient and cost-effective means of dispute resolution. He then describes the mechanisms that parties have adopted to restore those virtues. A sample expedited arbitration procedure is appended.

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Workplace violence: When is a threat a threat?

A panel discussion of workplace violence and threat, and the discipline appropriate for each. The panelists’ examine a hypothetical case.In a separate paper within the same chapter, Attorney Boone describes the preparation and arguments that enable unions to win “threats of violence” arbitration cases.

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A survey — of NAA members, management attorney advocates in the U.S. and Canada, and union attorney advocates — the purpose of which is to determine the factors that go into the selection of arbitrators by the parties. The survey is followed by an articles on how union advocates and management advocates, respectively, select arbitrators.

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The Union advocate discourages the admissibility of evidence that is not reliable, relevant and material, and recommends that arbitrators advise the parties why evidence is being admitted or not. The author distinguishes between the introduction of such evidence in discipline cases and contract cases, The management advocate, as well, urges that arbitrators not admit hearsay …

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