The art of opinion writing
The attributes of a well-written arbitration decision are described.
Steelworkers Trilogy
Decisional thinkingWashington panel report
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators regarding how decisions come into being and how they are shaped by… Read More »Decisional thinkingWashington panel report
Twenty years of Trilogy: A celebration
A review of the cases and papers that preceded and followed the Trilogy cases.
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… Read More »Decisional thinkingNew York panel report
Judicial review: As arbitrators see it1. The disguised review of the merits of arbitration awards
Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of… Read More »Judicial review: As arbitrators see it1. The disguised review of the merits of arbitration awards
Judicial review: As the parties see it
Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes… Read More »Judicial review: As the parties see it
When should arbitrators follow federal law?
Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly… Read More »When should arbitrators follow federal law?
The role of law in arbitration: A reprise
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
Ruminations about ideology, law, and labor arbitration
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing… Read More »Ruminations about ideology, law, and labor arbitration
The arbitrator and the NLRB: Arbitration and the NLRB – a second look
An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both… Read More »The arbitrator and the NLRB: Arbitration and the NLRB – a second look