Arbitration in one easy lesson: a review of criteria used in arbitration awards

Some managers find awards of arbitrators "arbitrary, capricious, and discriminatory", Donald A. Woolf believes, however, that a knowledge of decisional criteria used by arbitrators can help managers to understand how they reason. Among the criteria discussed are the de minimus rule, the major/minor test, promissory estoppel, parol evidence, contract language, past practice, "clean hands", and the punishment fitting the crime (equity). Such knowledge can also help managers avoid actions that are likely to lead to grievances in addition to planning a course of action to avoid grievances going to arbitration in the future.