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President Fleischli describes how his work experience brought him to service as a labor arbitrator, and the reasons that he finds the practice to be satisfying and worthwhile. He emphasizes the need to preserve the virtues of arbitration, especially insofar as it pertains to employer promulgated systems and employment arbitration disputes. President Fleischli cites the …

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A discussion of the ethical responsibilities of arbitrators, including the duty to disclose any factor that a reasonable person might regard as material. Methods of disclosure are also discussed. Hypotheticals are offered, to illustrate the range of what should be disclosed.

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In each case, arbitrators work with a mix of words, concepts, facts and people, ultimately arriving at a value judgment. Because parties perceive arbitrators as part of the collective bargaining process, “impartial” is a better descriptor than “neutral”. Experience informs arbitrators’ decisions, so complete impartiality in every case is unlikely. Parties consider competence as important …

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Noting that, given their average age, arbitrators constitute a community of ‘establishment neutrals,’ Cohen observes that decisions rendered in the arbitration of life style disputes nevertheless reflect both establishment and, arguably, anti-establishment outcomes. Drawing from a number of arbitration decisions involving life style disputes, including those cited by Valtin, Cohen concludes that arbitral commitment to …

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Examination of the necessity of a code of professional responsibility for labor arbitrators that would address competency, impartiality, expedition, and expense. Since many arbitrators are not members of the Academy and are not subject to thorough investigation before acceptance for membership, the establishment of guidelines is recommended to aid beginners. The author submits that arbitrators …

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