Ex parte communications are typically defined as communications between counsel and the court when opposing counsel is not present1 and are ordinarily prohibited.2 For example, ex parte communication is an issue when opposing counsel communicates with a represented party 3 or improperly communicates with a juror.4 Although this rule is generally discussed in the context of litigation,5 it arises in other contexts as well. For example, under the Administrative Procedures Act, “no interested person outside the agency shall make or knowingly cause to be made to any member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding.”6 And there are a number of labor cases involving improper contact with administrative agencies.7 The focus of this paper, however, is ex parte communications with a neutral, specifically a labor or employment arbitrator.