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The article addresses recent developments in judicial standards of review of arbitrators’ awards in Canada, and furnishes an update of the NAA involvement in a Canadian Supreme Court decision.

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Arbitration in the public sector: The new systems and the established systems: What each might learn from the other.

Public sector arbitration of grievance and interest disputes is examined in several sectors: the Puerto Rican system; the union perspective stateside; the employer perspective in the State of Florida; the New York experience; and the federal sector (after 9/11).

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A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey results and the causes of vacatur, the authors conclude that most critics of judicial review of labor arbitration awards fail to give federal courts due …

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An examination of court decisions (post-Misco ) in which arbitration decisions have been vacated on grounds other than “public policy.” Such grounds include contractual limits on the arbitrator’s authority, the arbitrator’s adding to the terms of the CBA, failure of the decision to “draw its essence” from the CBA, and irreconcilability of the decision with …

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FLRA review of arbitration awards

The author examines the disturbingly high percentage of FLRA reversals in cases where federal agencies appeal arbitration awards. Modifications and reversals fall primarily into two categories: those involving the Back Pay Act, and those where arbitrators are found to have intruded on management’s statutory right to direct and assign employees.

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Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1) be enforceable and impervious to legal attack, 2) deter legal challenges (i.e., provide no legal “handle” for appeal) and 3) satisfy the losing party that they have had their “day …

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This report highlights major efforts during 1985-1986 to resolve or ameliorate the effects of labor-management disputes in the public sector. Addresses statutory, judicial and administrative decisions relating to the arbitral settlement of such disputes.

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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 the institutional framework within which they operates. The Washington report concludes that judges and arbitrators function the same when arriving at decisions; that judging is an art rather than a …

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The author maintains that appellate review of arbitration awards in the newspaper industry is too costly, time-wasting and unproductive.

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