The author asserts that arbitral decision-making is only partly a result of rational thought – reasoning from general principles – and also includes elements of intuition and imagination….

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…

Academy President Barrett states that the common law of the shop has developed as a result of arbitrators’ decisions that have spelled out what guidelines must be followed by the…

Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1) be enforceable and impervious to…

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…

A compilation and examination of what judges and arbitrators have learned about each other’s respective roles in the decision making process; particularly as the trier of fact in labor disputes….

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in…

The attributes of a well-written arbitration decision are described.

A critique of decision writing and the growing tendency of arbitrators to write overly-lengthy decisions, to overuse dicta, and to engage in “pseudo-intellectual posturing” and to give unsolicited and gratuitous…

Observations on the Canadian experience and its focus on respecting the parties expectations and interest in stability and predictability, viewed as distinctive from the United States experience. Clarity and simplicity…