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Expedited Arbitration:Is It Expeditious and Is It Fair?

The paper describes the a tripartite panel model designed by Arbitrator McKay that was used through several successive collective bargaining agreements by the parties to Kaiser Permanente contracts. the model obligates the union and management to examine problems at the first level of the grievance procedure and to seek resolution before going to arbitration. The …

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Mr. Dassios, General Counsel for the Power Workers’ Union, describes how the Ontario electricity industry’s expedited arbitration process substantially reduced a backlog of about 3000 grievances for a bargaining unit of 14,000 workers. He describes the principles and the objectives of the program.

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The author examines the increasingly adversarial and legalistic nature of arbitration and how it undermines the objective of providing a quick, efficient and cost-effective means of dispute resolution. He then describes the mechanisms that parties have adopted to restore those virtues. A sample expedited arbitration procedure is appended.

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By land and by air: Two models of expedited grievance resolution

Descriptions of the following grievance resolution processes:1. Expedited arbitration in the Canadian Railway Office of Arbitration2. Ad hoc arbitration on Canadian Railroads3. American Airlines expedited grievance resolution process. (Includes the full text of the CBA grievance process)

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The 1974 National Bituminous Coal Wage Agreement was characterized as revolutionary in bringing harmony to a previously divisive industry; it included a new, expedited grievance procedure, established arbitrator panels in each district, and created an Arbitration Review Board that has enabled the grievance process to function more smoothly.

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Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to avoid it. Arb. Nicolau suggests ways to settle disputes at an early level through streamlined procedures, mediation, joint fact-finding and arbitral inquiry. Responses point out 1) that the ideal of …

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A summary and analysis of responses to a questionnaire to Academy members on the use of expedited procedures, concluding that it can reduce costs without adversely affecting the quality of the decision. An addendum contains the survey questionnaire.

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A review of elements of expedited arbitration systems in Canada that have been successful in compressing hearings and in ensuring the rendering of prompt awards. Selection of arbitrators who understand the process and are available to work within the system, and advance planning are advocated.

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A discussion of the adoption of expedited arbitration as a permanent feature under the agreement between the Postal Service and the APWU. Expedited arbitration is viewed as an effective tool in addressing 1) the backlog of cases in light of the sheer size of the number of employees in the system and 2) the obligations …

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A description of the Office of Arbitration within the Canadian Railway Board of Adjustment. The experience of the Office of Arbitration as an alternative to expedited arbitration. The process is viewed as avoiding the potential for superficiality of expedited proceedings while also being more cost-effective and expeditious than traditional arbitration.

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