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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 made by the arbitrator. He also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the …

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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 author distinguishes between the introduction of such evidence in discipline cases and contract cases, The management advocate, as well, urges that arbitrators not admit hearsay …

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A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek an atmosphere of civility and mutual respect. Suggestions from the discussants include a set of model procedural rules for arbitrators, a standardized pre-hearing form for …

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Evidence: Taking it for what it’s worth.

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

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Problems of proof in the arbitration process: Report of the Pittsburgh Tripartite Committee

A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]

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