The author describes prevailing labor-management attitudes and suggests a recent general decline in respect and discipline, and increased contentiousness to which the neutral must respond,… Read More »Labor arbitration: The early years in retrospect3. An inductive analysis of labor-management attitudes, revisited
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… Read More »Arbitration and federal rights under collective agreements in 1971
Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are… Read More »The role of arbitration in state and national labor policy – Comment
The similarity between the arbitrator’s function in interpreting and applying the agreement and a judge’s function in interpreting and applying a statute is addressed, as… Read More »The role of arbitration in state and national labor policy – Comment
Although rarely expressly authorized by the parties to exercise discretion as to any matter, arbitrators exercise discretionary authority in the conduct of the hearing, in… Read More »Discretion in arbitration
In a further examination of the comparison of arbitral and judicial discretion, Marshall submits that there is little discernable distinction between the proper exercise of… Read More »Discretion in arbitration – Comment
The growing reliance on some form of third-party intervention – mediation, fact-finding or arbitration – as an alternative to the strike weapon in public employment… Read More »The presidential address: the academy and the expanding role of neutrals
The report contains recommendations for the education and training of new arbitrators, as well as a description of an apprentice program to develop qualified, experienced… Read More »The development of new arbitrators: Report of committee 1970-1971
The author differentiates between how expert medical testimony is treated in a judicial forum versus an arbitration.
The author opines that, in return-to-work cases, the arbitrator is competent to resolve disputes of medical fact and, if unable to resolve such disputes, can… Read More »The use of experts in arbitration. I. Expert medical evidence: A view from the end of the table