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, with optimism, that a resolution…

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 judicial, administrative and arbitral discretion;…

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 arriving at the substantive outcome…

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 is the ability of an…

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 address that demand – that…

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 recommends using expert neutrals as consultants and as members of study committees for the purposes of fact-finding, to raise difficult issues, and to offer non-binding recommendations and provide…

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 section 301; 2) the construction…

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 greater exploration of the educational…

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 other forums. Regarding one constituent…