NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

Decisional thinking: West Coast panel report:Conclusion and Panel discussion

The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and a broad range of subjects pertaining to decision-making in arbitration.

Read more

The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full disclosure while avoiding the legal complexities of discovery as practiced by “litigators.” A duty of full disclosure applies to the parties. This article addresses burden of proof responsibilities (and distinguished …

Read more

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. The formality of the proceedings, invocation of rules of evidence, notions of burden of proof, the order in which the parties present their cases, the …

Read more

The author identifies ten precepts that although are now uniformly accepted in private grievance arbitration, were once vigorously disputed. Among them is the notion that an employee should obey now and grieve later, that new evidence and new contentions should not be introduced at arbitration. However, now that private grievance arbitration is an established, even …

Read more

Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]

Read more