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Terminology in Labor Arbitration: What Every New Advocate Needs to Learn - Dispute Resolution Journal - Vol. 70, No. 1
Jay E. Grenig
Rocco M. Scanza
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Dispute Resolution Journal
Labor Arbitration is a vitally important method of resolving labormanagement
disputes. It enjoys a long and rich history and in many
respects has served as the benchmark in establishing standards for all
forms of arbitration to ensure that fundamental due process and
fairness are paramount concerns to arbitrators and advocates alike.
Labor Arbitration also has its own terminology, and for those who
are new to the process, some of its terms may not be familiar or
immediately understood. The following Glossary is intended to list
many of the most common terms in the unique and important field of
Ad Hoc Arbitrator.
This term is used in labor arbitration to
distinguish an arbitrator jointly selected by the parties to hear a case
from a permanent arbitrator appointed by the union and employer to
hear many cases. Some employers and unions believe that decisions
are more likely to be fair and equitable when the arbitrator is chosen
on a case-by-case basis. This gives the parties more freedom of choice
than a permanent board.
Adjournment of Hearing.
A postponement or suspension of a
hearing until a later time. See Postponement.
An impartial government agency or private
organization maintaining panels of labor arbitrators and various
administrative services. The AAA is the oldest and largest private
agency in the United States administering arbitrations. The Federal
Mediation and Conciliation Service (FMCS) and various state and
local government agencies also provide lists of arbitrators. See
American Arbitration Association and Arbitration Administrator.