An introduction to three articles: 1) “harmless error” vs. due process under the Dougherty seven tests; 2) the assertion that substantive due process requires “fairness”;… Read More »Is procedural due process an element of just cause or a separate issue with distinct remedies?
An assessment of the relevance of the procedural due process criteria of Arbitrator Carroll Daugherty’s seven tests for just cause, and the “harmful error” standard… Read More »To what extent do and should the seven tests guide arbitrators or the parties?
David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan… Read More »Arbitration in a changing environment
Chairman McKee discusses the authority of the Federal Labor Relations Authority to set aside arbitrators’ decisions involving federal statute if found to be contrary to… Read More »Federal sector arbitration
Arbitrators and advocates give their per perspectives of arbitration in the federal sector. Arbitrators assert that the parties often fail to provide the relevant law,… Read More »Arbitration in the federal sector