Synopsis By: Lurie - Proceeding Author: R. Theodore Clark, Jr.

In grievances of the right to subcontract where the CBA is silent on the matter, Attorney Clark presents reasons why arbitrators should apply a standard in public sector cases different from that applied in private sector cases; he asserts that, in the public sector, where “reasonableness” is the relevant standard, the subcontracted work should be judged by the size of the total workforce and not the size of the bargaining unit; and that the fact that the work being subcontracted is being performed by civil service employees should not be deemed to preclude the right to subcontract.