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Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….

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National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice because, unless there is a…

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A critique of the use of more restrictive principles of contract interpretation and an argument that reliance on such standards is inconsistent with the essential function of grievance arbitration under…

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Commenting on Arbitrator Mittenthal’s paper describing the virture of narrowly-focused rationale in contract interpetation cases [DRW 2009-335], Attorney Smith states that advocates would be wise to include, in their closing…

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A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties and can’t is approved but…

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Situation ethics and the arbitrator’s conscience

Arbitrators Davey, Linn and Parson offer guidance in the consideration of equities when applying the terms of the CBA, as well as other advice on the practice of arbitration.

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