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A discussion of the ethical responsibilities of arbitrators, including the duty to disclose any factor that a reasonable person might regard as material. Methods of disclosure are also discussed. Hypotheticals…

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The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to…

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Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He…

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Decisional thinkingNew York panel report

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped by the institutional framework within…

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An argument that arbitrators, who have responsibility over the integrity of the arbitration process under the Supreme Court’s grant of a “free charter,” must ensure quality standards and actively discourage…

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An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons other than those raised by…

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A review of new state legislation affecting arbitration, and the impact on federal and state courts of the Steelworkers Trilogy. Included is a listing of cases by subject matter.

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations…

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Arbitrators and arbitrability

A discussion of the problems of “arbitrability” as it applies to the domain of the arbitrator and as distinguished from that of the courts. Challenges to jurisdiction or authority despite…

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Section 301 – problems and prospects

A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section 301; some of the jurisdictional…

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