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The TRILOGY at 50 – Foundation for the 21st Century: Collective Bargaining as the Foundation for Industrial Democracy and Arbitration as an Integral Part of Workplace Self-Government

January 16, 2010February 13, 2019

Attorney Boone examines how industrial democracy has been promoted by the Trilogy cases.He examines the intellectual, legal, and historical context of the Trilogy; and the… Read More »The TRILOGY at 50 – Foundation for the 21st Century: Collective Bargaining as the Foundation for Industrial Democracy and Arbitration as an Integral Part of Workplace Self-Government

Whither arbitration?

March 16, 1991January 25, 2019

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for… Read More »Whither arbitration?

The arbitration process: 2. Arbitral craftsmanship and competence

January 1, 1988January 25, 2019

Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1)… Read More »The arbitration process: 2. Arbitral craftsmanship and competence

Can the labor arbitration process be simplified? If so, in what manner and at what expense?

March 16, 1986January 25, 2019

Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to… Read More »Can the labor arbitration process be simplified? If so, in what manner and at what expense?

Arbitration — as the parties see it:1. One management point of view

March 16, 1983January 30, 2019

A critique of decision writing and the growing tendency of arbitrators to write overly-lengthy decisions, to overuse dicta, and to engage in “pseudo-intellectual posturing” and… Read More »Arbitration — as the parties see it:1. One management point of view

Decisional thinking: West Coast panel report: Introduction

March 16, 1980January 25, 2019

Arbitrator Block describes the panel’s inquiry as addressing both the fact-finding and decisional aspects of the trier’s role.

Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters

March 16, 1980January 25, 2019

The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full… Read More »Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters

Title: The quality of adversary presentation in arbitration: A critical view

January 1, 1979January 25, 2019

A discussion of the quality of advocacy in labor arbitration and the responsibility of advocates to ensure they do not damage continuing labor-management relations. Panelists… Read More »Title: The quality of adversary presentation in arbitration: A critical view

The presidential address: “Maintenance of standards” clause for arbitrators

January 1, 1974January 25, 2019

This presidential address discusses whether the basic role of the labor arbitrator has changed or will change, and refutes predictions of a downward trend for… Read More »The presidential address: “Maintenance of standards” clause for arbitrators

Notes on the smothering of quarrels with special reference to the university world

January 1, 1974January 25, 2019

A discussion of the “higher education industry” and a defense of university governance in comparison to collective bargaining