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Arbitral discretion: The tests of just cause

Dunsford posits that Carroll Daugherty’s “seven tests” of just cause are misleading in substance and distracting in application, and disputes that the tests are part of the “common law” of arbitration: the tests were developed in the context of the railroad industry and ought not govern in the private sector, where arbitration hearings are de …

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Arbitration: A union viewpoint

Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in a forum that is simpler, more expeditious, more expert and more private that the courts. The CBA is not seen as an exclusive statement of all the rights and privileges …

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