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Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to avoid it. Arb. Nicolau suggests…

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Review of processes for resolving impasses over new public sector contracts. Discusses major objectives unique to the public sector and means of achieving them.

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Binding grievance arbitration is not structured to resolve civil and individual rights disputes that occur within the workplace, to alleviate logjams of grievances or to involve public employers uncertain of…

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The arbitration hearing – avoiding a shambles: A panel discussion

An examination of hearing deficiencies and their causes, an assessment of the responsibility, and a recommendation of remedies. The panel discusses the need for the arbitrator to control the hearing…

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The author addresses the extent to which arbitrators can or should 1) direct the course of the hearing, 2) consider apparent unexplained “holes” in the record, 3) balance due process…

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The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator;…

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Survey results are presented and recommendations made regarding the role of the Academy in the development of employment arbitration, the mediation of grievances and interest disputes, and wrongful termination.

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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…

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Professor Mittenthal analyzes the application of Part 5 of the Code of Professional Responsibility, dealing with the arbitrator’s obligations to provide a fair and adequate hearing in conformity with the…

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Bill Usery is introduced and his career described, and his career is described. Secretary Usery then gives a brief history of labor arbitration in the U.S., and the contribution made…

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