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Due process of arbitration

The author is not referring to legal due process but, rather, “due process” as the exercise of authority with a “due” regard to the balancing of the two kinds of interests, individual and group interests. The center of responsibility in developing the procedural ground rules for labor arbitration has been more in the arbitrators than …

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The author asserts that problems unique to industrial jurisprudence should give us pause in drawing upon the analogy of the due process protections afforded in other forums. Regarding one constituent of just cause, that author opines that the arbitrator should not be a party to a “rigged award” – one solicited by management and labor …

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