Discusses the uses and abuses of past practice in arbitration in relation to the “plain meaning” rule of contract interpretation and ambiguous contract terms. Also addresses how past practices are…

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…

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…

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…

Arbitrator Wolff asserts that management retains its normal and customary rights except as ceded in negotiations but, implicitly, subject to the obligation of good faith and fair-dealing.

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,…

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…

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…

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 the open discussion, 1966 page…