Legalism in Arbitration (From Arbitration 1985 - Law and Practice, P 180-200, 1986, Walter J Gershenfeld, ed. - See NCJ-103332)

• NCJ Number: 103335
• Author(s): S Kagel; J D Andrews
• Date Published: 1986
• Length: 21 pages
• Sale Source: Bureau of National Affairs
• Publication Type: Conference Material
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Two papers examine legalisms in arbitration, particularly the board powers and discretion afforded arbitrators by statutory and case law and the potential for abuse.

Abstract

The first argues that while the Steelworkers Trilogy decision of the U.S. Supreme Court provides arbitrators with tremendous protections against external interference, such power carries with it the responsibility that arbitrators must maintain the integrity of the process and ensure that all parties are given a fair and full hearing. This requires that transcripts of the proceedings be kept, and that the arbitrators' opinions inform both parties of the rationale and basis of the decision. The second paper suggests that traditional reasons for encouraging procedural informality in labor arbitration are not supportable. It argues for the use of stricter adherence to the rules of evidence and the establishment of set standards of proof in arbitration. The introduction of such procedural and due process safeguards will help ensure that the arbitration process is fair and just and will protect arbitration decisions from attack by the courts and unfair representation challenges.