The permanent arbitration system between John Deere and UAW locals at eight of the Company’s plants in Iowa and Indiana are described and evaluated, including the procedures followed and substantive…
The author highlights the different approaches to incentive taken by management and labor. He discusses the “tests of fairness” for incentive standards, and reviews them from management’s perspective. Arbitrator Davis…
The evolving role of the FMCS as an “arbitration broker,” doing for the parties that which they cannot do well for themselves….
A description of the AAA’s policy and practice in the submission of arbitrators’ names to the parties; of complaints the AAA has received from the parties and from arbitrators; and…
The Committee focuses on the shortage of qualified, experienced and acceptable new arbitrators, and remedial proposals.
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the…
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 misconduct are more common in…
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 and acceptable arbitrators.
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 power. Abuses of power are…
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 abuses of arbitral power, therefore,…