umpire


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Umpire

A person chosen to decide a question in a controversy that has been submitted to Arbitration but has not been resolved because the arbitrators cannot reach agreement, or one who has been chosen to be a permanent arbitrator for the duration of a collective bargaining agreement.

Arbitration is the submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the decision. Arbitration is quicker, less expensive, and more informal than a court proceeding. Commercial arbitration and labor arbitration are commonplace in the United States. Persons who hear these types of dispute resolution cases are called arbitrators and umpires. Umpires are used either to break an impasse in arbitration or to serve as specialized, long-term decision makers.

An arbitrator is a person selected by the parties to hear the dispute. An arbitrator must be mutually agreed upon by the parties and may be named, for example, in a labor-management Collective Bargaining agreement or may be chosen after the dispute has arisen. In labor arbitration a single arbitrator may hear a case, but frequently a three-member arbitration panel hears the dispute. The three members consist of an arbitrator selected by management, another chosen by labor, and a chairperson selected either by the parties or by the two arbitrators appointed by the parties. The arbitrators selected by the parties act like advocates, but the chairperson is expected to be neutral.

If the three-person panel cannot agree on a decision, the arbitrators may name an umpire to decide the controversy. The umpire acts independently and is vested with the sole authority to decide the issues that have been presented.

An umpire is also sometimes used in labormanagement grievance proceedings. In this situation a single, permanent umpire is appointed to resolve disputes for the term of the collective bargaining agreement. The umpire becomes familiar with the economic, financial, and dayto-day working conditions of an industry and may rely on precedents developed by previous umpires. This form of umpire system began in the anthracite coal mining industry in the early 1900s and has been used in other industries, including clothing manufacturing and newspaper printing.

Cross-references

Alternative Dispute Resolution; Grievance Procedure; Labor Law; Labor Union.

umpire

noun adjudicator, arbiter, arbitrator, disceptator, go-between, interagent, intercessor, intermediator, intermedium, intervenor, judge, mediator, moderator, peacemaker, reconciler, referee
See also: decide, go-between, intercede, judge, mediate, negotiate, referee, rule

UMPIRE. A person selected by two or more arbitrators. When they are authorize to do so by the submission of the parties, and they cannot agree as to the subject-matter referred to them, whose duty it is to decide the matter in dispute. Sometimes the term is applied to a single arbitrator, selected by the parties themselves. Kyd on Awards, 6, 75, 77 Caldw. on Arb. 38; Dane's Ab. Index, h.t.; 3 Vin. Ab. 93; Com. Dig. Arbitrament, F; 4 Dall. 271, 432; 4 Sco. N. S. 378; Bouv. Inst. Index, h.t.

References in periodicals archive ?
Shaikh further stressed upon the role of Hockey India in promoting umpires and their extensive programs that has helped several enthusiasts to take up umpiring as a career.
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The Umpires Association - in conjunction with the ECB - will be conducting an Umpiring Level 1 training course in the New Year.
Being able to process that feedback about your decisions and then try to either use it to improve your decision-making or to not let it affect your decision-making is the thing which determines an elite umpire from the next level down.
It was the first Umpires Committee meeting held in about 10 months, thanks to the previous BCCI dispensation pre- occupation with the IPL betting- fixing case in the Supreme Court.
Joe West, president of the World Umpires Association, also declined to comment, as did other umpires around the league.
She was the Umpire in Chief for Oregon from 1981 to 1990, the first woman in the nation to serve such a role, and was tournament UIC for numerous state, regional and national tournaments.
If players know their actions will be met with stiff suspensions -- say, 30 days -- they may think twice before initiating a physical encounter with an umpire.
Despite his role, the umpire is the most neglected, least appreciated, and most misunderstood participant in the National Pastime.
The available technology suggested the decision was correct but Ponting jabbed his finger in Dar's direction in a heated discussion before moving on to continue the debate with square-leg umpire Tony Hill.
OFFICIAL: Hockey umpire Alex Whalley Code zz291110UMPIRE
ISLAMABAD, July 29 -- Retired South African umpire Rudi Koertzen has been appointed as the Regional Umpire Performance Manager (RUPM) for the Africa region by the International Cricket Council (ICC).