An examination of pre-disciplinary due process, due process in the arbitration hearing, and court rulings in cases where the arbitrators’ decisions were based upon due… Read More »Mitigation and labor arbitration: Part 1. Due process and major offenses
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… Read More »Investigatory due process and arbitration
Dunsford posits that Carroll Daugherty’s “seven tests” of just cause are misleading in substance and distracting in application, and disputes that the tests are part… Read More »Arbitral discretion: The tests of just cause
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… Read More »The presidential address: The adversary system in arbitration
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… Read More »Legalism in Arbitration; Part I: Legalism – and some comments on illegalisms -in arbitration
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;… Read More »Procedural rulings during the hearing
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… Read More »Arbitration of job security and other employment-related issues for the unorganized worker: Protection against unjust discipline, an idea whose time has long since come
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… Read More »Decisional thinking Chicago Panel reportII. The judges’ perception of the arbitration process
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped… Read More »Decisional thinkingNew York panel report