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Problems of proof in the arbitration process: Report of the Pittsburgh Tripartite Committee

A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]

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The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator;…

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Examination of the necessity of a code of professional responsibility for labor arbitrators that would address competency, impartiality, expedition, and expense. Since many arbitrators are not members of the Academy…

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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…

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The sequel to an article in the University of Pittsburgh Law Review and Arbitration Journal, addressed herein is the duty of disclosure. Results of a prior survey of thirty (30)…

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Professional responsibilities of arbitrators

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…

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Decisional thinking: West Coast panel report:Conclusion and Panel discussion

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…

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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…

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Discussion of typical ethical problems in ad hoc arbitration, many of which also arise in permanent appointments.

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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…

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