Mediation During Arbitration – Should Arbitrators Mediate? Yes, no, and Maybe
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
Steelworkers v. Warrior & Gulf Navigation Co.
Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
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… Read More »Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
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… Read More »How the Trilogy was made.
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:… Read More »The arbitrator’s remedial powers
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… Read More »Arbitral implications: Hearing the sounds of silence
Privatization, outsourcing and subcontracting1. United States experience: A management viewpoint
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… Read More »Privatization, outsourcing and subcontracting1. United States experience: A management viewpoint
The National Labor Relations Act: 1935-1985 (II: The pendulum swings)
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… Read More »The National Labor Relations Act: 1935-1985 (II: The pendulum swings)
Legalism in Arbitration; Part I: Legalism – and some comments on illegalisms -in arbitration
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… Read More »Legalism in Arbitration; Part I: Legalism – and some comments on illegalisms -in arbitration
A meditation on labor arbitration and “his own brand of industrial justice”
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… Read More »A meditation on labor arbitration and “his own brand of industrial justice”
Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters
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… Read More »Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters