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Keeping It Moving: Evidence and Procedure Rulings

A fact-based and scenario based discussion of how evidentiary and procedural issues have been expeditiously addressed by arbitrators before, during and after the hearing.

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The NAA agora: What’s right with labor arbitration, and how to keep it that way.

A panel discussion about the roll of the arbitrator, the mentoring and acceptance of new arbitrators, continuing education and training, and best practices.

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A review of the cases and papers that preceded and followed the Trilogy cases.

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Report of the Committee on Law and Legislation

The Committee presents 16 cases from the courts and the Labor Board that it considers significant for the developmentof the law of labor arbitration.

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Professor Eisenberg examines develops in public sector arbitration in New York City and State, including (1) the status of the arbitrability presumption, (2) some changes in policy on the subject of arbitrable issues, and (3) the grievance scene in state and localgovernment. “We may now be in a phase of public-sector grievance handling in which …

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Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review has resulted in courts straying into the interpretation of pertinent contract terms when considering challenges to the enforcement of an award. Although reviewing courts are …

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Judicial review: As the parties see it

Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to only minor, ad hoc labor disputes with no far-reaching impact, or because they believe that arbitrators possess a special competence. In the area of discrimination …

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An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the roles of public policy in labor arbitration in both the private and public sectors are considered. Although public policy concerns inhere in many cases, arbitrators …

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A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. The Boys’ Market decision had a larger than anticipated impact on the volume of litigation. An anticipated increase in public employment sector litigation …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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