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 …
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 …
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.
Tripartite interest and grievance arbitration. 2. Tripartite arbitration: Old strengths and new weaknesses
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.
Title: The role of the neutral in public employment disputes: Arbitration of representation and bargaining unit questions in public employment disputes
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.