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An examination of pre-disciplinary due process, due process in the arbitration hearing, and court rulings in cases where the arbitrators’ decisions were based upon due process alone, and did not address the merits. Recommendations are offered to arbitrators regarding the resolution of due process arguments.

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A survey of Academy members, concerning the circumstances under which they will mitigate discipline based upon the denial of due process.

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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

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The criminal law and industrial discipline as sanctioning systems: Some comparative observations

A discussion of fundamental issues of the criminal law and industrial discipline and a comparison of the responses of each system to the issue. The author discusses the workings and problems of a punishment system.

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Due process and fair procedure in labor arbitration

A discussion of emerging arbitral thinking about notice and appearance, surprise arguments, the right of confrontation and the agreed case.

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