Prof. Hensler sets forth social psychologists’ views of how people assess procedural fairness or justice, and the implications of those perceptions to arbitration. She concludes that those persons who are…

Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.

A survey of Academy members, concerning the circumstances under which they will mitigate discipline based upon the denial of due process.

Three of Arbitrator Carroll Daugherty’s seven tests of just cause pertain to predisciplinary due process, also referred to as investigatory due process. The three are (1) an effort to discover…

The author asserts that problems unique to industrial jurisprudence should give us pause in drawing upon the analogy of the due process protections afforded in other forums. Regarding one constituent…

An argument that arbitrators, who have responsibility over the integrity of the arbitration process under the Supreme Court’s grant of a “free charter,” must ensure quality standards and actively discourage…

A review of the limitations of adherence to a strictly adversarial format in labor management arbitration and the preeminent role of the arbitrator in setting and ensuring standards of fairness…

Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing…

Even in the most enlightened American jurisdictions, unorganized private employers need make no positive showing of cause before ridding themselves of an unwanted employee. There are signs [in the 1980’s]…

The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty in accepting the narrow scope…