In a further examination of the comparison of arbitral and judicial discretion, Marshall submits that there is little discernable distinction between the proper exercise of… Read More »Discretion in arbitration – Comment
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… Read More »The use of experts in arbitration. I. Expert medical evidence: A view from the end of the table
The author differentiates between how expert medical testimony is treated in a judicial forum versus an arbitration.
A discussion of the two “permanent problems” of labor arbitration: the role of the arbitrator and the appropriate principles of interpretation of collective bargaining agreements.
The author perceives a public demand for a change in the way labor relations are conducted, and outlines a new role for neutrals designed to… Read More »Neutral consultants in collective bargaining
The author recommends using expert neutrals as consultants and as members of study committees for the purposes of fact-finding, to raise difficult issues, and to… Read More »The use of neutrals in collective bargaining
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… Read More »Reflections upon labor arbitration in the light of the Lincoln Mills case
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… Read More »Due process of arbitration
The author asserts that problems unique to industrial jurisprudence should give us pause in drawing upon the analogy of the due process protections afforded in… Read More »Due process of arbitration – Discussion
The author proposes greater use of third-party mediation as a substitute for arbitration, a more “realistic and therefore less narrowly legalistic approach” to arbitration, and… Read More »Arbitration: A management viewpoint