March 16, 2012 Proceedings Database
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 …
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 …
The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey addresses associated due process concerns; and the demographic, fee structure, and practice characteristics and opinions of Academy members.
Richard Block discusses whether and under what conditions arbitrators should agree to serve as expert witnesses.Walter Gershenfeld discusses when disclosure is required of an arbitrator, and when recusement is appropriate.And Alexander Porter addresses the issues arising when concerns about payment of the arbitrator arise.
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.
The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and a broad range of subjects pertaining to decision-making in arbitration.
The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full disclosure while avoiding the legal complexities of discovery as practiced by “litigators.” A duty of full disclosure applies to the parties. This article addresses burden of proof responsibilities (and distinguished …
Attorney McFall describes the impediments to ascertaining the truth, and the usefulness of complete and timely pre-hearing disclosure and the production of witnesses with knowledge of the facts. He opines that it would be a mistake to conclude that polygraphs are so unreliable that they should never be used.