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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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Procedural rulings during the hearing

Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing side; 6) medical affidavits; 7) closing arguments, briefs, remedies; 8) token presentations, agreed awards, and disqualification of the arbitrator.

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Collective bargaining and the arbitrator

A discussion of the two “permanent problems” of labor arbitration: the role of the arbitrator and the appropriate principles of interpretation of collective bargaining agreements.

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Due process and fair procedure in labor arbitration

A discussion of emerging arbitral thinking about notice and appearance, surprise arguments, the right of confrontation and the agreed case.

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