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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 preserving, through arbitration, a viable labor movement.

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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 as a problem-solver as well as a judge – to the current formal and legalistic relationship, wedded to case precedent. The causes of this evolution …

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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 legal attack, 2) deter legal challenges (i.e., provide no legal “handle” for appeal) and 3) satisfy the losing party that they have had their “day …

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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 ways to settle disputes at an early level through streamlined procedures, mediation, joint fact-finding and arbitral inquiry. Responses point out 1) that the ideal of …

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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 statements.

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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 complexities of discovery as practiced by “litigators.” A duty of full disclosure applies to the parties. This article addresses burden of proof responsibilities (and distinguished …

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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 fair and neutral arbitration system to employee and supervisory morale, the damage that can be done by adding too many legalisms and formalities to the …

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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 the profession. It stresses that the Academy cannot permit its professional standards for integrity, fairness and competency to be lowered.

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

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