The procedural standards for the arbitration process set forth in three parts:Part I – Code of Ethics for ArbitratorsPart II – Procedural Standards for ArbitratorsPart III – Conduct and Behavior…

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 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,…

The first obligation of an arbitrator is, therefore, to understand the nature of the dispute, asking questions as necessary or convening an additional hearing. The second obligation is to resolve…

Synopsis: Grievance arbitration is a system in which the parties retain the ultimate authority to select a judge whose authority is limited to the dispute at hand. An arbitrator who…

The author addresses the extent to which arbitrators can or should 1) direct the course of the hearing, 2) consider apparent unexplained “holes” in the record, 3) balance due process…

A discussion of the following procedural disputes: Ruling on arbitrability before hearing the merits – ex parte hearings – calling the opposing party’s witnesses first – admissibility of settlement offers…

A survey of arbitrator demographics, workload and fees conducted by the Committee.

Arbitrator Mittenthal describes steps he often takes to assure an efficient hearing but thorough hearing: a prehearing request for the cba and written grievance file, in order to be better…