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The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered

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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 also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the …

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How the Trilogy was made.

Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in the Steelworkers Trilogy and other cases. He also describes the “well-planned litigation strategy” that brought the Trilogy cases before the Court, and the Court’s rulings on the enforcement, under Section …

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The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed when discovered, and in sufficient time for the Union to prepare a defense, the employer is entitled to present it and the arbitrator is obligated …

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Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve the parties’ bargain and reject those that alter or enlarge it. Author Macey agrees that preserving the parties’ bargain should be a guiding concern, but …

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In grievances of the right to subcontract where the CBA is silent on the matter, Attorney Clark presents reasons why arbitrators should apply a standard in public sector cases different from that applied in private sector cases; he asserts that, in the public sector, where “reasonableness” is the relevant standard, the subcontracted work should be …

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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 Paul Weiler [see 1985, page 37] for the decline in the unionized workforce. (Includes table of automotive/UAW wage increases 93-94.)

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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 expedited procedures and require a transcript as a key element of a fair and full case hearing.

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In negotiating their CBA, the parties to a collective bargaining agreement select “their own brand of industrial justice.” The role of the arbitrator is to effectuate their intent. The author believes that, as written, the “essence” test is unworkable.

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The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full disclosure while avoiding the legal complexities of discovery as practiced by “litigators.” A duty of full disclosure applies to the parties. This article addresses burden of proof responsibilities (and distinguished …

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