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…

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 other employment; whether certain deductions…

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 second obligation is to resolve…

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 hearing has concluded. Interim 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 the ruling on the merits,…

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 arriving at the substantive outcome…

Discussion of means of framing the issues and proposed remedies before arbitration, and the costs of failure to do so

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 where arbitration has been used…

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 compel or stay arbitration; arbitrator’s’…

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….