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Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the agreement means, and that should also be the arbitrator’s sole function in fashioning the remedy. The primary authority implicitly granted to the arbitrator is to …

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Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.

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Situation ethics and the arbitrator’s conscience

Arbitrators Davey, Linn and Parson offer guidance in the consideration of equities when applying the terms of the CBA, as well as other advice on the practice of arbitration.

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]

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