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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 avoid it. Arb. Nicolau suggests…

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Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction…

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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 disclosure while avoiding the legal…

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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 role of union advocates in…

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Noting that, given their average age, arbitrators constitute a community of ‘establishment neutrals,’ Cohen observes that decisions rendered in the arbitration of life style disputes nevertheless reflect both establishment and,…

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Although changing life styles have given rise to new disciplinary issues, those issues are generally adequately resolved by application of already established arbitration standards and principles. Novel questions that arise…

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The author opines that, in return-to-work cases, the arbitrator is competent to resolve disputes of medical fact and, if unable to resolve such disputes, can refer them to a third…

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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) be enforceable and impervious to…

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The author describes prevailing labor-management attitudes and suggests a recent general decline in respect and discipline, and increased contentiousness to which the neutral must respond, with optimism, that a resolution…

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An analysis and comparison of three arbitration opinions regarding personal grooming requirements and, in particular, hair-and-beard regulations promulgated by employers. Such regulations are not a matter of managerial discretion, but…

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