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NAA President Kagel warns of the increasingly legalistic environment for labor arbitration caused by the spill-over of practices from the courts and from private commercial dispute resolution (including employment disputes). And he offers advise as to what arbitrators can do to slow the trend.

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A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the case involve just cause, the Federal ADA, and a state law against discharge due to mental disability. Judge Edwards’ instructions to the jury include a …

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The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.

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Decisional thinking: New York panel report

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in three contexts: pre-hearing, hearing, and post-hearing. Prehearing subjects include choice of forum, preparation and discovery, and prevalence of settlement. Hearing subjects include the formality of …

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Chicago panel discussion

A panel discussion covering a wide range of topics about the arbitration and litigation of labor-management matters, and the decision-making process associated with each.

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Arbitration: toward a rebirth

The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement produced by good-faith collective bargaining, and based upon a realistic appraisal of external law as it existed when the accord was reached, was required, as …

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The only significant statutory developments involving labor arbitration that came to the Committee’s attention were those in NewYork. They are discussed in Section I of the Report. The survey of reported cases is set forth in Section II. It is headed by the currentdecisions of the United States Supreme Court, followed by federal courts of …

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