In his 1960 paper, Professor Mittenthal defined a past practice as “the understood and accepted way of doing things over an extended period of time.”… Read More »Arbitration Classics. Part 2. The ever-present past.
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… Read More »Arbitral implications: Hearing the sounds of silence
A discussion of hearing procedures and the rules of evidence. [See also the transcript of the open discussion, 1966 page 110.]
Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of… Read More »Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee
A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]
A review of arbitration decisions, comparing contracts that contain a “maintenance of conditions” provision with contracts that do not. The result of that review: standards… Read More »The silent contract vs. express provisions: The arbitration of local working conditions
The classic discussion of past practice. When does a customary way of doing things become a binding contractual obligation and when may it be changed?… Read More »Past practices and the administration of collective bargaining agreements
Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in… Read More »Arbitration: A union viewpoint
The author defines “management rights” as the “residue of existing functions which remain after collective bargaining negotiations,” within which area management is free to act… Read More »Management’s reserved rights: An industry view
The author views labor as an equal partner with management, and the management rights clause as recognition of solely the fact that it is management… Read More »Management’s reserved rights: A labor view