Who Are Labor Arbitration Opinions Written For? And Other Musings About Award Wrting - Chapter 20 - AAA Handbook on Labor Arbitration & ADR, 3rd Edition
Herbert L. Marx Jr.
The late Herbert L. Marx, Jr. (d. 2011) was a labor arbitrator since 1975 after prior careers as an editor and as a corporate vice president of industrial relations. He held an M.B.A. degree from New York University and lived in New York City. This article is adapted from an address at the 2002 Fall Education conference, National Academy of Arbitrators, Vancouver, Canada, October 26, 2002.
WHO ARE LABOR ARBITRATION OPINIONS WRITTEN FOR? AND OTHER MUSINGS ABOUT AWARD WRITING
Herbert L. Marx, Jr.
The only guidance on writing labor arbitration awards in the “Code of Professional Responsibility for Arbitrators of Labor-Management Disputes” provides that “[t]he award should be definite, certain, and as concise as possible.” Certainly clarity is important in an arbitration opinion. One tip given to me by an editor many years ago is this: Test your writing by reading it aloud to yourself. If you stumble over a word phrase or sentence, it needs revision.
The Code also sets out the factors “to be considered” by the arbitrator when an opinion is required. They include...