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The permanent arbitration system between John Deere and UAW locals at eight of the Company’s plants in Iowa and Indiana are described and evaluated, including the procedures followed and substantive…

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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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Whither arbitration?

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving…

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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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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 to give unsolicited and gratuitous…

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

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

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 discuss the importance of a…

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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 differentiates between how expert medical testimony is treated in a judicial forum versus an arbitration.

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