The use and abuse of arbitral power
The parties have a right to expect an arbitrator to answer the question presented, and to resolve that question with a final award when the… Read More »The use and abuse of arbitral power
remedy
The use and abuse of arbitral power – Comment
The first obligation of an arbitrator is, therefore, to understand the nature of the dispute, asking questions as necessary or convening an additional hearing. The… Read More »The use and abuse of arbitral power – Comment
Discretion in arbitration
Although rarely expressly authorized by the parties to exercise discretion as to any matter, arbitrators exercise discretionary authority in the conduct of the hearing, in… Read More »Discretion in arbitration
Implementation of arbitration awards
An examination, through example, of the results that flow from arbitration awards. Arbitrators are accountable for the acceptability of their own awards. Consequently, regardless of… Read More »Implementation of arbitration awards
Ramifications of back-pay awards in suspension and discharge cases.II. Ramifications of back pay in suspension and discharge cases
The author raises a number of back pay questions including how back pay should be computed; whether a discharged employee has a duty to seek… Read More »Ramifications of back-pay awards in suspension and discharge cases.II. Ramifications of back pay in suspension and discharge cases
The arbitrator and the NLRB: Arbitration and the NLRB – a second look
An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both… Read More »The arbitrator and the NLRB: Arbitration and the NLRB – a second look
Prehearing arbitration problems: A panel discussion: Defining the issue and the remedy
Discussion of means of framing the issues and proposed remedies before arbitration, and the costs of failure to do so
Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965
A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to… Read More »Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965
Remedies in arbitration, problems of the finality of awards or functus officio and “all that.”
A discussion of some of the reasons functus officio hinders rather than promotes achievement of the objective of management-labor arbitration and the power of the… Read More »Remedies in arbitration, problems of the finality of awards or functus officio and “all that.”
Remedies in arbitration, the power of the arbitrator to make monetary awards
A discussion of the limits on an arbitrator’s authority to fix damages, and of the methods of computing damages including compensatory, punitive and liquidated damages.
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