evidence

Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?

March 16, 2005February 13, 2019

Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight… Read More »Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?

Ask the advocates

January 1, 2004January 30, 2019

Labor and management advocates describe the attributes they seek in an arbitrator, the conduct of the hearing, the handling of evidence, closing statements, mediation, decision-writing… Read More »Ask the advocates

A debate: Should labor arbitrators receive evidence “For what it’s worth?”Union, management and neutral’s perspectives

March 16, 1998February 13, 2019

The Union advocate discourages the admissibility of evidence that is not reliable, relevant and material, and recommends that arbitrators advise the parties why evidence is… Read More »A debate: Should labor arbitrators receive evidence “For what it’s worth?”Union, management and neutral’s perspectives

The arbitration hearing: Part 2. Arbitral therapy

March 16, 1993January 30, 2019

In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically… Read More »The arbitration hearing: Part 2. Arbitral therapy

The Ten Commandments for advocates: How advocates can improve the labor arbitration process

March 16, 1992January 25, 2019

An arbitrator, management advocate and labor advocate provide background about the arbitration process, and offer advice to advocates about how to present their cases more… Read More »The Ten Commandments for advocates: How advocates can improve the labor arbitration process

The arbitrator’s remedial powers

March 16, 1990January 29, 2019

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning:… Read More »The arbitrator’s remedial powers

Criminal justice system in the workplace

March 16, 1990January 25, 2019

A discussion of employee searches, including private vs. public employer searches; searches conducted by law-enforcement representatives; searches of workers entering or leaving employer premises; and… Read More »Criminal justice system in the workplace

The arbitration process: 1. Objections at the hearing

January 1, 1988January 25, 2019

The article offers advice to arbitrators on how to respond (in manner and substance) to evidentiary objections, and when to intercede when no objection has… Read More »The arbitration process: 1. Objections at the hearing

Evidence: Taking it for what it’s worth.

March 16, 1987January 25, 2019

Two NAA members joust over the conflict between confining admissible evidence to the relevant and material, and becoming unduly legalistic.

Contract Interpretation; Part II: External law and the interpretive process

March 16, 1985January 25, 2019

A discussion of the use of extrinsic evidence in the interpreting collective-bargaining agreement provisions. Resorts to extrinsic evidence for the purpose of ascertaining the parties… Read More »Contract Interpretation; Part II: External law and the interpretive process