President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk…
The author presents data revealing that current labor arbitration procedures derive not from statutes, court decisions or the common agreement of the parties, but from (1) the arbitrators before whom…
How and why labor arbitrators decide discipline and discharge cases. An empirical examination.
Stephen F. Befort, Mario F. Bognanno, Laura J. Cooper, Nels E. Nelson, Theodore J. St. Antoine
January 16, 2007 Proceedings Database
A statistical analysis of over 2,000 discipline and discharge arbitration decisions and the rationale given in those cases in which the discharge penalty was mitigated. Concepts such as the quantum…
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment