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Arbitration in Practice

NCJ Number
98940
Editor(s)
A M Zack
Date Published
1984
Length
259 pages
Annotation
Fourteen papers by experienced labor arbitrators address the arbitration process, the conduct of the arbitration hearing, substantive issues, and deciding the case.
Abstract
The introductory paper discusses the negative aspects of being an arbitrator, the varying styles of arbitrators, and elements of effective arbitration. Two papers on the arbitration process focus on the role of arbitration within the U.S. legal framework and a Michigan statute that mandates arbitration for resolving impasses in negotiating new labor contracts in the public sector. Presentations on the conduct of the arbitration hearing cover general procedures for managing the hearing, selected problems of procedure and evidence, and ensuring due process and fair procedure during the hearing. Substantive arbitration issues examined in five papers cover management rights and union-concerted action; employee discipline and discharge; job classification, overtime, and holiday pay; seniority systems; and individual employee rights in arbitration. Papers related to case decisions focus upon weighing the decision, basing decisions on past practice in the administration of particular collective bargaining agreements, and writing the arbitration opinion. The appendix presents the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. Approximately 51 references are listed, and case and subject indexes are provided. For individual papers, see NCJ 98941-51.

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