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Arbitration: A union viewpoint

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 a forum that is simpler,…

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

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 the open discussion, 1966 page…

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Problems of proof in the arbitration process: Report of the Chicago Area Tripartite Committee

A discussion of hearing procedures and the rules of evidence. [See also the transcript of the open discussion, 1966 page 110.]

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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 for the arbitrator’s decisions and…

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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 that acts, and the union…

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Past practices and the administration of collective bargaining agreements

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? Several answers to those questions…

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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 author defines “management rights” as the “residue of existing functions which remain after collective bargaining negotiations,” within which area management is free to act without restriction. The author conceives…

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Problems of proof in the arbitration process: Report of the Pittsburgh Tripartite Committee

A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]

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A discussion of Benjamin Aaron’s paper on past practice that focuses on wage differential arbitrations, the distinction between gratuities and past practice, technological changes, and economic changes. [See 1955 page…

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