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Professor Zack recounts how the Code came into existence and was amended, and stresses the importance of adherence to the Code by arbitrators; its enforcement by the NAA, designating agencies…

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An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…

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Arbitrator Elson suggests that the length of opinions be reduced by omitting reiteration of the CBA at length; omitting a full restatement of the parties’ positions but, instead, explaining their…

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Examination of the necessity of a code of professional responsibility for labor arbitrators that would address competency, impartiality, expedition, and expense. Since many arbitrators are not members of the Academy…

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Professor Mittenthal analyzes the application of Part 5 of the Code of Professional Responsibility, dealing with the arbitrator’s obligations to provide a fair and adequate hearing in conformity with the…

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Procedures to be followed by the Academy’s Committee on Professional Responsibility and Grievances for considering or undertaking disciplinary actions….

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Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the grievants against their employer, and…

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Presidential reflections

The author died while in office as NAA President. This chapter is drawn from two commentaries published in The Chronicle. The first is a somewhat skeptical view of something new…

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Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong

Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the…

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Other people’s messes: The arbitrator as cleanup hitter

Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he sent Academy members. Rolf Valtin…

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