Keeping It Moving: Evidence and Procedure Rulings
A fact-based and scenario based discussion of how evidentiary and procedural issues have been expeditiously addressed by arbitrators before, during and after the hearing.
subpoena
New forms of evidence in a high-tech age: I. The Essentials of Computer Discovery
The author discusses the distinctions, in discovery, between computer-based evidence and traditional paper documents, and includes computer system discovery checklist, and means for preserving the… Read More »New forms of evidence in a high-tech age: I. The Essentials of Computer Discovery
Pre-hearing process – old and new: Pre-hearing procedures: We make the process what it is.
The author’s thesis is that the parties and the arbitrator should develop pre-hearing processes that suit their styles and the situations they face, rather than… Read More »Pre-hearing process – old and new: Pre-hearing procedures: We make the process what it is.
Contributed papers; Part I: An arbitrator’s authority to subpoena: A power in need of clarification
A review of differing opinions on and the bases for the authority of arbitrators to issue subpoenas. Use of Section 301 of the LMRA as… Read More »Contributed papers; Part I: An arbitrator’s authority to subpoena: A power in need of clarification
Procedural rulings during the hearing
Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness;… Read More »Procedural rulings during the hearing
Grievance arbitration in the federal service: Still hardly final and binding?
The author furnishes a thorough description of the workings of the Civil Service Reform Act of 1978 (for employees in federal service), including the appeal… Read More »Grievance arbitration in the federal service: Still hardly final and binding?
Grievance arbitration in the federal service: Still hardly final and binding? – Comment
“The employment relationships in the federal service, and the collective bargaining agreements under the CSRA and the predecessor Executive Orders which permitted them, are so… Read More »Grievance arbitration in the federal service: Still hardly final and binding? – Comment
Arbitration and federal rights under collective agreements in 1971
A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor… Read More »Arbitration and federal rights under collective agreements in 1971
Prehearing arbitration problems: A panel discussion: Defining the issue and the remedy
Discussion of means of framing the issues and proposed remedies before arbitration, and the costs of failure to do so
Problems of proof in the arbitration process: Report of the New York Tripartite Committee
Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]