Missing witnesses, missing testimony, and missing theories: how much initiative by labor arbitrators?
This text provides an analysis of the appropriate role of the labor grievance arbitrator with a focus on problematic situations in which apparently relevant information or legal arguments have not been presented by the parties to an arbitration proceeding.
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Should the Arbitrator Ever Call
Chapter Two Arbitrator Questioning of Witnesses
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acceptability adjudication adversary system agree American Arbitration Association analysis arbitrability issue arbitral activism arbitral initiative arbitral intervention arbitration process arbitrator questioning arbitrator raises arbitrator's argue argument arrestee award bitrator call a witness call the witness claim collective bargaining agreement consider contract court deci decision decision-maker declaratory judgment discussion dispute duty of fair educator-facilitator role effect employer evidence example exercise of arbitral exercise of initiative external law facts fair representation Fuller goals grievant hearing important instance interest involved judges judicial jurisdiction justice justified labor arbitration labor grievance arbitration limited Lon Fuller matter merits missing theory missing witness mootness Moreover narrow submission outcome particular party control party's possible principle problem proceeding promote reason response result risk rule settlement sion situation statute subject matter jurisdiction substantive arbitrability substantive theory suggest Suppose supra note tacit consent text accompanying notes text at notes tion tribunal union violation