NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

Read more

Professor Hill examines exceptions to the general principle that a grievant’s post-discharge behavior is irrelevant. Both judicial and arbitratral decisions are presented to illustrate those exceptions. In general, courts have…

Read more

Admissibility of evidence

Excerpts from workshops on the admissibility of evidence. The subjects include 1) the grievant’s prior employment record; 2) spotters’ reports; 3) decisions of other tribunals; 4) new evidence at hearing;…

Read more