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The National Academy of Arbitrators (NAA) founded in 1947 as a not-for-profit 501(c)(6) organization, serves as a honorary and professional association for labor arbitrators in the United States and Canada.[1] Its avowed purpose was "to foster the highest standards of integrity, competence, honor and character among those engaged in the arbitration of industrial disputes." [2] With a steadfast commitment to fostering the highest standards of integrity, competence, honor, and character in industrial disputes, the NAA plays a crucial role in the resolution of labor and employment arbitration cases across diverse sectors. [3]
Admission to the Academy is exclusive, subject to rigorous standards ensuring that only the most active and well-respected practitioners, along with scholars making significant contributions to labor law and relations, attain membership. [4] The NAA’s stringent rules prohibit members from serving as advocates or consultants in labor disputes, associating with firms performing such functions, or acting as expert witnesses on behalf of labor or management.[5]
Purposes and Collaborations
Beyond personal advocacy, the NAA actively participates as an amicus curiae in appellate litigation in the United States and Canada, addressing major issues influencing the integrity of arbitration. [6][7] Collaborations with various organizations and institutions in the labor-management and employment relations field have led to the establishment of a "Due process protocol for arbitration", condemning the use of mandatory pre-dispute arbitration agreements outside of the collective bargaining agreement context. [7]
National Academy of Arbitrators' Core Purposes
Establishing and Fostering Standards: Setting the highest standards of integrity, competence, honor, and character among those engaged in the arbitration of labor-management and other workplace disputes on a professional basis
Promoting Understanding: Encouraging the study and understanding of labor-management and other workplace dispute arbitration
Encouraging Association: Fostering friendly association among arbitration professionals
Collaboration for Advancement: Cooperating with organizations interested in labor-management and employment relations.
Upholding the National Academy of Arbitrators' Constitution, Article II): Promoting high standards of integrity and competence in labor-management dispute arbitration, encouraging adherence to a specified Code of Professional Responsibility, fostering understanding of dispute resolution procedures, and facilitating collaboration within the profession
Educational Initiatives and Annual Meetings
While not an agency for arbitration selection or appointment, the NAA sponsors initiatives aimed at improving the understanding of arbitration as a dispute resolution method. It conducts an annual national convention that is open to non-members,[8] and regional meetings, offering educational opportunities to both members and non-members on topics relevant to labor relations, labor arbitration, and legal ethics.
Official Resources and Accessibility
The official website, www.naarb.org, stands as a comprehensive resource, offering free access to valuable materials, including more than 50 volumes of "The Proceedings," the Code, the Due Process Protocol and information about the Research and Education Foundation (REF).
National Academy of Arbitrators Research and Education Foundation (NAA-REF)
Advancing Research, Training, and Education in Dispute Resolution
Established in 1985, the National Academy of Arbitrators Research and Education Foundation (NAA-REF) focuses on supporting research, training, and education in labor and employment dispute resolution. It sponsors projects studying grievance procedures, arbitration processes, and the impact of law on these methods. REF also supports educational programs, publications, and projects promoting integrity and competence in arbitration and mediation.
Arbitration Info Website
The NAA, in with the Center for the Study of Dispute Resolution at the University of Missouri School of Law, created the Arbitration Info website—a neutral and comprehensive source providing information about arbitration in the workplace. [9]This initiative aims to be an educational resource for the public and journalists, refraining from generating business for specific arbitrators or arbitration practice groups. The website provides resources for the media such as a listing of experts and arbitrators who can discuss current events involving arbitration and/or labor relations matters and who are able to educate generally or to comment on a particular situation.[10] The website also houses news articles and commentary regarding arbitration. [11]
Additionally, the NAA has produced two treaties - "The Common Law of the Workplace: The Views of Arbitrators," edited by Theodore J. St. Antoine, [12] and "Fifty Years in the World of Work," edited by Gladys W. Gruenberg, Joyce M. Najita, and Dennis R. Nolan. [13]
These books are not official NAA Policy or viewpoint, but present scholarly articles written with differing viewpoints. [14]In fact, the arbitrators disagree with one another on some major points. As the title reflects, there is a difference of opinion as to whether there is a "common law of the shop." Upon careful reading, these analyses are tied to the record made before the arbitrator, and the unique elements of the contracts which the arbitrator is trying to apply and interpret. Black letter principles are followed by analytical examples. First-line arbitrators are not applying a monolithic "The law of the shop," but are instead trying to apply "The law of a shop.' The book gives some useful insight into how individual arbitration cases are really decided by arbitrators. [15]
The Academy’s official website, www.naarb.org, contains many resources including the Academy's History, Officers and Committees, Constitution and By-Laws, Membership Guidelines, a Directory of Members with contact information, Regional Activities,[16] as well as future meeting notices and registration information. [17]
United Steelworkers of America (1960). Steelworkers handbook on arbitration decisions 1960 ed. Pittsburgh, Pa. (5 Gateway Center, Pittsburgh 15222): Pike and Fischer, Inc. p.525. OCLC608535624.{{cite book}}: CS1 maint: location (link)
↑ Alkon, C. (2007). Women labor arbitrators: Women members of the National Academy of Arbitrators speak about the barriers of entry into the field. Appalachian Journal of Law, 6(2), 195‑217. Retrieved from https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1021&context=facscholar
↑ Oldham, J. (2008, June 27). Brief Amicus Curiae of the National Academy of Arbitrators in Support of Respondents, 14 Penn Plaza v. Pyett, No. 07‑581 (U.S.) [Court brief]. Georgetown University Law Center. https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1048&context=scb
↑ Gitelman, H. R. (2010). The evolution of labor arbitration. DePaul Law Review, 60(2), 357–395. Retrieved from https://via.library.depaul.edu/cgi/viewcontent.cgi?article=3552&context=law-review
↑ St. Antoine, Theodore J.; National Academy of Arbitrators, eds. (2005). The common law of the workplace: the views of arbitrators (2nded.). Washington, DC: Bureau of National Affairs. ISBN978-1-57018-540-3.
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