Synopsis By: Strongin - Proceeding Author: James C. Phelps

The author defines “management rights” as the “residue of existing functions which remain after collective bargaining negotiations,” within which area management is free to act without restriction. The author conceives of the parties’ relationship as one in which all rights reside with management except as ceded to the Union through the bargaining process, and rejects the notion of inherent arbitral authority to review the reasonableness of managerial action in such areas.