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The author presents data revealing that current labor arbitration procedures derive not from statutes, court decisions or the common agreement of the parties, but from (1) the arbitrators before whom the cases were presented; (2) the World War II-era War Labor Board; (3) the National Academy of Arbitrators (NAA); (4) the publication of proceedings of …

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AAA/FMCS update: A view from the top

Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends

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American Arbitration Association

A description of the changes taking place at the AAA, and request for cooperation in the development of statistical case data.

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Union security in the context of labor arbitration

Union “security agreements” can require all employees, as a condition of employment, to pay a “fair share” or representational costs. This is sometimes miscast as requiring union “membership”; the NLRB has ruled that unions have an affirmative duty to inform employees that membership is not required. This article discusses the permissible uses for union dues, …

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The author discusses the likely growth of employment arbitration, and the matters yet to be resolved for the labor arbitrator as a practitioner of employment arbitration.

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Professor Zack recounts how the Code came into existence and was amended, and stresses the importance of adherence to the Code by arbitrators; its enforcement by the NAA, designating agencies and others; the training of arbitrators in it precepts; and the role that that NAA should have with regard to enforcement by the designating agencies, …

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Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to avoid it. Arb. Nicolau suggests ways to settle disputes at an early level through streamlined procedures, mediation, joint fact-finding and arbitral inquiry. Responses point out 1) that the ideal of …

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A discussion of the need for standards of advocacy conduct and the absence of a means to enforce the manner and form of advocates’ case presentation. Policing by the NAA is rejected.

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How representative are published decisions? Part 2.

A comparison of 1213 published and unpublished arbitration decisions involving discharge. Variables analyzed include appointment source, private or public sector, occupation, length of service, and sex of the grievant, post hearing briefs, attorney advocates, and the award rendered.

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A discussion of the dilemma between requesting – prehearing and post hearing – permission to publish decisions.

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