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The payment of money damages, rather than reinstatement, is the prevailing remedy in non-union wrongful termination cases, and also in industrialized democracies other than North America. Professor Rehmus observes that reinstatement was established as the appropriate remedy in the 1940’s; that today’s statutory and legal framework is much different; and that, where there is a …

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The Code and post-award arbitral discretion

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and adopts the view that arbitrators are not functus officio until the job is finished. Arbitrator Nolan discusses several specific ethical issues and Arbitrator Quinn advises …

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This report highlights major efforts during 1985-1986 to resolve or ameliorate the effects of labor-management disputes in the public sector. Addresses statutory, judicial and administrative decisions relating to the arbitral settlement of such disputes.

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A review of statutory developments in developing administrative and judicial case law from 1982 early 1985.

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The author states that tripartite interest arbitration in the public sector is not functioning as well as it might. He describes the problems and their causes.

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Is a “final offer” ever final?

A discussion of public sector final offer arbitration in Michigan.

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Foreign Experience in Public Employee Disputes

Noting the growth of collective bargaining in the public employment sector in the United States, four Academy members report on the public employee dispute settlement processes in Sweden, Belgium, France, West Germany, Australia, Great Britain, and Canada, identifying the distinctive characteristics of each system.

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Discussion of the exponential growth of public employee unionism in the past decade and disputes peculiar to the federal sector and to state and municipal units. Includes discussion of representation issues, the variety of state public employee bargaining legislation, and other avenues for collective action by public employees.

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