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In defense of creeping legalism in arbitration.

  • Law


In recent years, labor arbitration has been subjected to the criticism that it has become the captive of practitioners who have deprived it of informality of process and speed of decision. Instead, the critics allege, arbitration proceedings have become increasingly formal, technical, and expensive. Often such criticisms fall short of facing the basic issue of the function of arbitration in labor-management relations. As the author of this discussion sees this issue, the labor relations community has much to gain in the development of arbitration as a judicial system based on a 'common law' of labor relations. Current dissatisfaction with arbitration, he argues, will diminish as orderly rules and standards of procedure develop and reliance on precedent, cautiously applied, increases. (Author's abstract courtesy EBSCO.)

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