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George Cohen is Director of the Federal Mediation and Conciliation Service. He discusses the usefulness of mediation for the difficulties of first-contract negotiations, and the advantage gained by cultivating relationships in advance of bargaining. He discusses federal and private-sector training programs that have been effective, the latter including ArcelorMittal with the Steelworkers Union, and Kaiser …

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AAA/FMCS update: A view from the top

Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends

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Professor Zack recounts how the Code came into existence and was amended, and stresses the importance of adherence to the Code by arbitrators; its enforcement by the NAA, designating agencies and others; the training of arbitrators in it precepts; and the role that that NAA should have with regard to enforcement by the designating agencies, …

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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 discussion of the need for standards of advocacy conduct and the absence of a means to enforce the manner and form of advocates’ case presentation. Policing by the NAA is rejected.

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How representative are published decisions? Part 2.

A comparison of 1213 published and unpublished arbitration decisions involving discharge. Variables analyzed include appointment source, private or public sector, occupation, length of service, and sex of the grievant, post hearing briefs, attorney advocates, and the award rendered.

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A discussion of the dilemma between requesting – prehearing and post hearing – permission to publish decisions.

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Certification and training of labor arbitrators: Should arbitrators be certified? Dead horse rides again

The author concludes that certification for labor arbitrators would not be in the public interest, and that the “need has not been established.” Instead, the value of training programs, internships, and appointing agency requirements is noted. (A sample certification program is included.) Two differing perspectives are given on an American Bar Association survey. Commentator Greenbaum …

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A report by the Academy’s Committee on Public Employment Disputes Settlement. By 1974, thirty-six states had enacted collective bargaining statues covering all or some categories of public employees. The report reviews state legislation and court and agency decisions concerning public sector representation and bargaining; amendments to Executive Order 11491, involving the Federal Service Impasse Panel; …

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Binding grievance arbitration is not structured to resolve civil and individual rights disputes that occur within the workplace, to alleviate logjams of grievances or to involve public employers uncertain of their authority to submit to binding arbitration. Fact-finding and recommended terms of settlement provide an unsatisfactory alternative to collective bargaining. Advisory arbitration blends the advantages …

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