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 ?
Wentzel said hard-hitting West Indian batsman Chris Gayle told him how he looked forward to the day when all umpires followed his lead because the West Indian cricketer was terrified by the damage a ball he nailed could do to an umpire.
An incorrect no ball could cost the bowling team a wicket, so the umpires have been instructed to call no ball only when they are certain that no part of the foot has landed behind the line.
New BCCI proposal to attract retired players to umpiring UMPIRES
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Umpires Richard Illingworth, a member of the England side that lost to Pakistan in the 1992 World Cup final in Melbourne, Ian Gould (England's wicketkeeper at the 1983 World Cup), Richard Kettleborough and Nigel Llong will all have roles in the last eight.
TWO former cricket umpires fighting a decision to retire them from the game due to their age have lost their case of age discrimination against the England and Wales Cricket Board.
Muscat: Peter Manuel, former Sri Lankan player, umpire and currently the Asian Cricket Council (ACC) Resource Person for Umpire's Development and ICC Umpires Coach for Sri Lanka, Pakistan and Bangladesh, will be coaching Oman Cricket umpires from October 21 to 25 at Al Falaj in the Level 1 course.
Johannesburg, May 2 ( ANI ): The International Cricket Council (ICC) has reportedly re-inducted New Zealand umpire Billy Bowden in the new Elite Panel of ICC Umpires for the 2014/15 season, following the annual review and selection process.
The International Cricket Council (ICC) announced that Wynand Louw of Cricket Namibia is reappointed to the ICC Associate and Affiliate Panel of International Umpires for 2014 following the annual review and selection process.
You look at our neighbouring country, their umpires in domestic cricket get paid double of what Pakistani umpires are paid and don't forget our currency value is lesser than theirs," Dar said in an interview with a private TV channel.
However, of the 72 decisions on-field umpires Aleem Dar and Kumar Dharmasena and third man Marais Erasmus had to make, the ICC pinpointed seven errors had been made during the match.