The procedural standards for the arbitration process set forth in three parts: Part I - Code of Ethics for Arbitrators Part II - Procedural Standards for Arbitrators Part III - Conduct and Behavior of Parties Discusses the uses and abuses of past practice in arbitration in relation to the "plain meaning" rule of contract interpretation and ambiguous contract terms.
Also addresses how past practices are created, and how they cease.
A discussion of factors likely to affect the future of labor arbitration (in an address delivered at the first annual meeting of the NAA.) The history of labor arbitration and the impact of legislation on arbitration (up to 1948) are reviewed.
Arbitrators and the NAA are encouraged to maintain high standards and foster the development of qualified labor arbitrators.
The author emphasizes the importance of a conservative arbitral approach, so as not to upset the established system.
The author reviews the developing federal system of labor law and discusses the allocation of responsibility for the regulation of labor relations between states and the federal government.
He opines that the two governmental levels should not exercise concurrent jurisdiction over labor relations.
The parties create procedures that are "peculiarly responsive to their values and concepts of justice." Arbitrators, in deciding cases, "are dealing with the basic intellectual and moral issues of our time."A discussion of how labor arbitration fits within the framework of existing institutions, and an examination of the attitudes of arbitrators, the courts and the agencies (e.g. An early consideration of the application of external law to grievance arbitration.
The author, a former director of the FMCS, opposes the "statutory emergency approach" to resolving labor disputes.