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…

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

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…

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 the United Steel Workers Union…

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,…

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…

The author is not referring to legal due process but, rather, “due process” as the exercise of authority with a “due” regard to the balancing of the two kinds of…

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 power. Abuses of power are…

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 abuses of arbitral power, therefore,…

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 second obligation is to resolve…