The author is not referring to legal due process but, rather, “due process” as the exercise of authority with a “due” regard to the balancing of the two kinds of…
Admissibility of evidence
George H. Cohen, Dana E. Eischen, Joseph F. Gentile, Margery F. Gootnick, Emily Maloney, William P. Murphy, Carlton J. Snow, Theodore J. St. Antoine, Norman White
March 16, 1982 Proceedings Database
Excerpts from workshops on the admissibility of evidence. The subjects include 1) the grievant’s prior employment record; 2) spotters’ reports; 3) decisions of other tribunals; 4) new evidence at hearing;…
Ask the advocates
Randi Hammar Abramsky, Arthur A. Hartinger, Dan Johnson, Cheryl King, Marilyn Teitelbaum, Gil Vernon
January 1, 2004 Proceedings Database
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 and remedies.
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 being admitted or not. The…
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 therapeutic effects that can derive…
The Ten Commandments for advocates: How advocates can improve the labor arbitration process
David Alexander, Robert J. Berghel, William P. Murphy, Marcus Widenor
March 16, 1992 Proceedings Database
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 effectively and improve the arbitration…
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 searches conducted on general employment…
The arbitrator’s remedial powers
Kenneth B. Cooper, George J. Matkov, Jr., George Nicolau, Jesse Simons
March 16, 1990 Proceedings Database
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: If the evidence is revealed…
Two NAA members joust over the conflict between confining admissible evidence to the relevant and material, and becoming unduly legalistic.
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 and can’t is approved but…