NCJ Number
95120
Date Published
1982
Length
214 pages
Annotation
The principles and procedures of arbitration in labor contracts are explained for participants (lay persons and lawyers) in both labor and management.
Abstract
Discussion begins with the contract negotiation phase, where problems usually start. The nature of arbitration in general and specific arbitration concepts, theories, and issues are analyzed. These issues include reserved rights in arbitration, grievance provisions, the precedent value of arbitration, and subcontracting. Discipline as it relates to arbitration is discussed. The arbitrability of a case is examined. Guidelines are given for researching and selecting an arbitrator. The pressure points in preparing a case for arbitration are pointed out, and important tips are outlined for presenting a case before the arbitrator. Principles and practices of the actual arbitration procedure are discussed, including arbitral treatment of various kinds of evidence, the 'De Minimis' rule, and time limitations. Extensive references to statutes and case law help flesh out the principles. An appendix briefly covers related arbitral areas. A bibliography of 43 items and an index are provided.