Professional Responsibilities of Arbitrators to Themselves and the Parties (From Ethical Issues in Dispute Resolution, P 26-31, 1984, Charlotte Gold, ed. - See NCJ-97691)

• NCJ Number: 97692
• Author(s): A M Zack
• Date Published: 1984
• Length: 6 pages
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

This paper discusses The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes and opinions of the National Academy of Arbitrators' committee on ethics and professional responsibility on advertising, collusion, full disclosure, publication of awards, and excessive delays.

Abstract

Section 1(C) requires that an arbitrator uphold the dignity and integrity of the office and endeavor to provide effective service to the parties and prohibits advertising or soliciting clients. The paper reviews Committee opinions on advertising, including the finding that it is 'contrary to the spirit of the Code for an arbitrator to attend an interview by one party.' A case in which an arbitrator was approached by a union representative who made a prejudicial remark is addressed. Committee opinions about joint and unilateral efforts to use an arbitrator for an improper purpose are noted. The arbitrator's obligation to disclose any relationship with any company or union involved in a proceeding in which he is being considered for an appointment is highlighted. Additionally, Section 2(B)1 of the Code, which mandates full disclosure, is presented. Opinion 1981-1, which addresses two practices for securing permission to publish, is reported. The Committee found both practices improper because consent was assumed on the basis of the parties' silence. Finally, portions of Section 2(J) of the code, 'Avoidance of Delay,' are transcribed. The committee's opinion that an arbitrator is responsible for inquiring when a posthearing brief is not received within a reasonable period after an agreed upon date is highlighted.