NCJ Number
103332
Date Published
1986
Length
320 pages
Annotation
Papers presented at the 1985 annual meeting of the National Academy of Arbitrators examine arbitration law and practice over the past 50 years.
Abstract
The role of the arbitrator and of judges and their relationships to the parties in labor arbitration are discussed. The impact of the National Labor Relations Act on collective bargaining and on representation for nonunion workers between 1935-1985 then is considered, as are professional responsibilities and standards of conduct of advocates in arbitration. Following an analysis of the dynamics in arbitration. Following an analysis of the dynamics of the interpretive process in contract negotiation, the effects of Federal law on collective bargaining are examined. Also discussed is judicial interpretation of arbitrator's awards. The wide powers and protection from external interference given to arbitrators by statutory and case law is noted, and a need for standards and due process procedures to ensure that this power is not abused is suggested. The arbitrator's power of subpoena is analyzed; the impact of contractual restraints, precedents, and arbitrator's values on contractual disputes consequent to technological change is considered. Finally, the use of the final offer principle in employee-discharge cases is illustrated. Appendixes include a listing of the officers and committees of the National Academy of Arbitrators for 1985-1986, research reports on Academy members' experiences with tripartite and expedited arbitration, a report on public employment dispute settlement, and a consideration of arbitration ethics. Chapter footnotes and topical and cumulative indexes.