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Updating arbitration

Author Fisher maintains that the arbitration process is too confrontational, and that centralized control and authority must give way to more local control. He describes the United Steel Workers Union…

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The author examines the arbitrator’s role in the resolution of contract ambiguities and in interest arbitration. Impediments to ascertaining the truth arise from poor representation, inadequate pre-hearing disclosure, and delay….

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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…

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The author explores two major lines of criticism of the labor arbitration process: The cost – time-lag – formality problem, and the management rights problem. The author discusses the alternatives…

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Sardonically presented but engaging repartee between two highly regarded Academy Members. Their discussion evolves around the trend away from traditional arbitration toward a more complicated, formalized and litigious process.

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The fine art of engineering an arbitration system to fit the needs of the parties

The design and operation of permanent arbitration arrangements is discussed. The composition and methodology of (1) the Teamsters-Anheuser Busch Multi-Plant Grievance Committee, (2) the United Mine Workers and Bituminous Coal…

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The procedural standards for the arbitration process set forth in three parts:Part I – Code of Ethics for ArbitratorsPart II – Procedural Standards for ArbitratorsPart III – Conduct and Behavior…

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Halting the trend toward technicalities in arbitrations

The author urges arbitrators “to preserve an informal and non-technical tone” in their hearings. He identifies areas where technicalities might lurk, including “the submission, time limitations, efforts at discovery procedures,…

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A colloquium on the arbitration process

A discussion of whether arbitration satisfies the needs of the parties with respect to expediency, expense and justice. Also discussed is whether management and labor share a common interest in…

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The primary consideration in advising an employer whether to defend or settle a grievance headed for arbitration is the advocate’s estimate of the probable outcome. In this respect, arbitration is…

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