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In negotiating their CBA, the parties to a collective bargaining agreement select “their own brand of industrial justice.” The role of the arbitrator is to effectuate their intent. The author believes that, as written, the “essence” test is unworkable.

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Arbitrator Aaron opines that the immediate effects of Lincoln Mills may be disruptive of industrial relations, because most judges are both poorly informed on the subject and have attitudes that are generally inimical to the arbitration process and to the best interests of the parties. He suggests that to minimize judicial intervention, arbitrators must subject …

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