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Other people’s messes: The arbitrator as cleanup hitter

Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he sent Academy members. Rolf Valtin…

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The arbitrator’s immunity from suit and subpoena

The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or subpoena, and present possible responses…

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Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong

Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the…

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A brief history of the statutory federal labor relations program is given, followed by discussions of the Civil Service Reform Act, the scope of arbitral remedial authority in the federal…

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The Code and post-award arbitral discretion

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and…

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The author examines the arbitrator’s role in the resolution of contract ambiguities and in interest arbitration. Impediments to ascertaining the truth arise from poor representation, inadequate pre-hearing disclosure, and delay….

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A discussion of some of the reasons functus officio hinders rather than promotes achievement of the objective of management-labor arbitration and the power of the arbitrator to make monetary awards….

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In Canada, the findings of whether the agreement has been violated and the remedy therefore are separate, the latter determined by a board of arbitration. The author examines the history…

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Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit, serves the interests of the…

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The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single party, in order to carry…

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