Synopsis By: Strongin - Proceeding Author: Arthur J. Goldberg

The author views labor as an equal partner with management, and the management rights clause as recognition of solely the fact that it is management that acts, and the union that grieves. The author asserts that unions, like employers, have inherent rights separate from the collective bargaining agreement, and that the CBA does not, alone, define the limitations on management’s right to manage. Rather, the CBA defines the conditions under which both parties have agreed to go forward, conditions that are to be considered in the context of the parties’ historical collective bargaining relationship.