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Ethical Issues and Due Process: a Panel Discussion

A panel discussion in which hypothetical situations are commented upon. The issues presented include the timeliness with which CBA procedural requirements are first raised; fairness in the allocating of hearing time; whether the arbitrator can deny a request by one party to file a written closing argument; whether, under the applicable codes of professional conduct, …

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A review of ethical standards and practices from 1947 to 1985. While personal traits of character, integrity, objectivity and honesty were viewed as not having changed, responsibility for familiarity with new substantive and legal developments and the need for training new arbitrators is advocated. A more comprehensive guide on standards of practice is recommended.

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The Committee concludes that the basic standards of ethics applicable to any judge, foremost of which are the qualities of honesty and impartiality,should be applied to the code of labor arbitrators. The Committee makes recommendations with regard to both the conduct of arbitrators and the advocates who appear before them.

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An explanation of how the Committee formulates and issues ethical opinions, and the text of Opinions 1 and 2.

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