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Reminiscences, Introduction

NAA President Anthony V. Sinicropi introduces and then interviews NAA President Thomas T. Roberts.

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An examination of the effects of free market competition on the workplace. The author concludes that the trend for increased managerial flexibility and “competitive austerity” has reduced employment security, increased managerial discretion, weakened union bargaining leverage, and intensified work. In Ontario, revision of the Labour Relations Act, together with revisions to the Employment Standards Act …

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Anthony V. Sinicropi describes the rise and decline of organized labor in the United States, the forces at work regarding each, and the rise of individual rights under federal legislation. He recommends that the Academy and its members take the lead in the evolution of employee relations.

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Remedies, troubled employees, and the arbitrator’s role

The challenges confronting arbitrators in cases involving troubled employees, such as employees with chronic alcohol and drug issues. Remedies based on a traditional corrective discipline, a modified corrective discipline model, and a therapeutic model are examined. Arbitrators are encouraged to prescribe remedies that conform to the values and practices previously adopted by the parties, and …

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Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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Revisiting an old battle ground: The subcontracting dispute

A discussion of arbitration decisions concerning limitations on subcontracting. Topics discussed include arbitrability decisions by courts, the duty to bargain over subcontracting, NLRB deferral in subcontracting cases, and the development of arbitration standards in subcontracting disputes. The article includes a table, showing the increasing prevalence of limitations upon subcontracting found in collective bargaining agreements, and …

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