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Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve…

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The article examines 78 arbitration decisions that weigh the employer’s right to discipline for absenteeism against the employee’s family care-giving responsibilities. It places such absences in demographic context; examines when…

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Arbitrator Knowlton posits that fairness requires the evolution of the concept of just cause to take into account the contemporary circumstances of workers, who increasingly lack a familial safety net.

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An analysis and comparison of three arbitration opinions regarding personal grooming requirements and, in particular, hair-and-beard regulations promulgated by employers. Such regulations are not a matter of managerial discretion, but…

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An examination of how values – personal or societal conceptions of the way things ought to be – affect arbitrators’ deliberations….

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The author asserts that substantive due process – a fair resolution of the merits of the case – requires that cases and general rules cited by the parties as precedent…

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