A discussion of the two “permanent problems” of labor arbitration: the role of the arbitrator and the appropriate principles of interpretation of collective bargaining agreements….
The arbitration hearing – avoiding a shambles: A panel discussion
M. H. Goldstein, Wayne L. Horvitz, Samuel H. Jaffe, George W. Kampf, Robert H. Kleeb
January 1, 1965 Proceedings Database
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…
After introductory remarks on economic progress in Puerto Rico, the contribution of arbitration to industrial democracy, and the history of arbitration in the US and world-wide: a discussion of criticisms…
Review of processes for resolving impasses over new public sector contracts. Discusses major objectives unique to the public sector and means of achieving them.
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…
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…
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…
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…
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;…
Decisional thinkingWashington panel report
Cosimo Abato, Richard I. Bloch, Harold Greene, Rolf Valtin, James Vandervoort
March 16, 1980 Proceedings Database
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators regarding how decisions come into being and how they are shaped by the institutional framework within which…