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Intervention: Rights and policies

A discussion of the opposing theories underlying the alternatives to intervention by interested employees in grievance arbitrations. The theory espoused by one of the principal proponents, Professor Clyde W. Summers, that the individual employee has the right to sue the employer separately for breach of contract, is contrasted with the theory espoused by then Solicitor …

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The author asserts that problems unique to industrial jurisprudence should give us pause in drawing upon the analogy of the due process protections afforded in other forums. Regarding one constituent of just cause, that author opines that the arbitrator should not be a party to a “rigged award” – one solicited by management and labor …

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