Updating arbitration
Author Fisher maintains that the arbitration process is too confrontational, and that centralized control and authority must give way to more local control. He describes… Read More »Updating arbitration
role of
The use and abuse of arbitral power – Comment
The deferral policy of the NLRB and the advent of equal employment statutes contribute to the increasing complexity and sophistication of the exercise of arbitral… Read More »The use and abuse of arbitral power – Comment
Changing life styles and the problems of authority in the plant1. Hair and beards in arbitration
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… Read More »Changing life styles and the problems of authority in the plant1. Hair and beards in arbitration
Changing life styles and the problems of authority in the plant2. Drugs, bombs and bomb scares, and personal attire
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… Read More »Changing life styles and the problems of authority in the plant2. Drugs, bombs and bomb scares, and personal attire
Changing life styles and the problems of authority in the plant3. Arbitrators and changing life styles — Establishment or impartial
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… Read More »Changing life styles and the problems of authority in the plant3. Arbitrators and changing life styles — Establishment or impartial
Labor arbitration: The early years in retrospect3. An inductive analysis of labor-management attitudes, revisited
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,… Read More »Labor arbitration: The early years in retrospect3. An inductive analysis of labor-management attitudes, revisited
The use and abuse of arbitral power – Comment
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… Read More »The use and abuse of arbitral power – Comment
The use and abuse of arbitral power – Comment
An arbitrator’s sole function is to decide a specific issue according to the submission of the parties and the record presented. Among the most egregious… Read More »The use and abuse of arbitral power – Comment
The role of arbitration in state and national labor policy – Comment
The similarity between the arbitrator’s function in interpreting and applying the agreement and a judge’s function in interpreting and applying a statute is addressed, as… Read More »The role of arbitration in state and national labor policy – Comment
Discretion in arbitration
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… Read More »Discretion in arbitration
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