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… Read More »Updating arbitration
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Labor arbitration: The early years in retrospect4. Words, concepts, facts and people
In each case, arbitrators work with a mix of words, concepts, facts and people, ultimately arriving at a value judgment. Because parties perceive arbitrators as… Read More »Labor arbitration: The early years in retrospect4. Words, concepts, facts and people
The use and abuse of arbitral power
Synopsis: Grievance arbitration is a system in which the parties retain the ultimate authority to select a judge whose authority is limited to the dispute… Read More »The use and abuse of arbitral power
The use and abuse of arbitral power – Comment
The first obligation of an arbitrator is, therefore, to understand the nature of the dispute, asking questions as necessary or convening an additional hearing. The… Read More »The use and abuse of arbitral power – Comment
The use and abuse of arbitral power – Comment
An arbitrator’s sole function is to decide a specific issue according to the submission of the parties and the record presented. Among the most egregious… Read More »The use and abuse of arbitral power – Comment
The use and abuse of arbitral power – Comment
The deferral policy of the NLRB and the advent of equal employment statutes contribute to the increasing complexity and sophistication of the exercise of arbitral… Read More »The use and abuse of arbitral power – Comment
Judicial review: As arbitrators see it3. Judicial review of “misconduct” cases
An examination of findings and recommendations made by state and federal courts since 1955 in matters of alleged misconduct by labor arbitrators. Allegations of arbitral… Read More »Judicial review: As arbitrators see it3. Judicial review of “misconduct” cases
Changing life styles and the problems of authority in the plant1. Hair and beards in arbitration
An analysis and comparison of three arbitration opinions regarding personal grooming requirements and, in particular, hair-and-beard regulations promulgated by employers. Such regulations are not a… Read More »Changing life styles and the problems of authority in the plant1. Hair and beards in arbitration
Changing life styles and the problems of authority in the plant2. Drugs, bombs and bomb scares, and personal attire
Although changing life styles have given rise to new disciplinary issues, those issues are generally adequately resolved by application of already established arbitration standards and… Read More »Changing life styles and the problems of authority in the plant2. Drugs, bombs and bomb scares, and personal attire
Changing life styles and the problems of authority in the plant3. Arbitrators and changing life styles — Establishment or impartial
Noting that, given their average age, arbitrators constitute a community of ‘establishment neutrals,’ Cohen observes that decisions rendered in the arbitration of life style disputes… Read More »Changing life styles and the problems of authority in the plant3. Arbitrators and changing life styles — Establishment or impartial