Originally Posted by
PurpleTurtle
Those are all very interesting questions...
Truth be told, the SLI arbitrators will not trouble themselves to think about those questions. All the arbitrators need to think about is the status quo that they are handed. The arbitrators don't care about any previous disputes or disgruntled employees.... the place to settle those complaints is not at the arbitrators panel.
The preliminary arbitration panel that considers a West seat at arbitration may look at some of those things, but they may just go with what the courts have already ruled. Who knows?
The arbitration community is very small and close knit. Most of the arbitrators available were mentored by Nicolau. The nic will be in the ruling somewhere. You may have to look hard to find it but it will be a factor.