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Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the grievants against their employer, and also against their union (the latter including DFR claims). Arbitrator Goldberg ruled against each grievant, and each grievant filed a motion to overturn the ruling …

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The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.

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Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual bias was shown. The Court made clear that its ruling would not apply to collective bargaining cases but Arbitrator Kagel advises that disclosure be made of prior services rendered as …

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A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties any current or past relationships before accepting an appointment, and that any doubts should be resolved in favor of disclosure.

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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 commercial arbitration where, the author speculates, the parties are both less informed in their selection of arbitrators and more willing to seek court reversal of …

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