NCJ Number
96265
Editor(s)
J L Stern,
B D Dennis
Date Published
1981
Length
499 pages
Annotation
Twelve reports delivered at the annual meeting of the National Academy of Arbitrators focus on the decisional thinking of arbitrators and judges as triers of fact.
Abstract
The gathering of arbitrator performance data and arbitrator performance ratings and recommendations are discussed, and two diametrically opposed views of arbitration are analyzed: the judicial or quasi-judicial theory of arbitration and the view that arbitration is a continuance of collective bargaining. In contrasting litigation and arbitration, litigation is recommended for conflicts where communication between the parties is impossible, and arbitration is recommended for conflicts where the disputants are still communicating but have reached an impasse. Practitioners are cautioned not to transplant techniques suitable to litigation into arbitration without careful and critical analysis. The role of language in arbitration is considered, with attention to the language of the grievance, the language of the hearing, and the language of the decision. The decisional thinking of judges and arbitrators as triers of fact is examined, and a panel discussion on the decisional process is provided. Furthermore, the overlapping concerns of the courts, the arbitrators, and the National Labor Relations Board are explored, and the role of the arbitrator in providing fair representation is addressed. Finally, Occupational Safety and Health Administration challenges are analyzed, as is the arbitration of discrimination grievances. Appendixes include a list of the officers and committees of the National Academy of Arbitrators for the years 1980 and 1981, as well as a report of the Committee on Law and Legislation. Approximately 500 references are provided.