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The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation

A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation [“DFR”] in contract negotiations and administration, and demonstrates its application in hypothetical cases of plant consolidations and processing grievance (including trading off grievances and failing to investigate). Lester Asher discusses …

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The arbitration hearing – avoiding a shambles: A panel discussion

An examination of hearing deficiencies and their causes, an assessment of the responsibility, and a recommendation of remedies. The panel discusses the need for the arbitrator to control the hearing regardless of its formality, to apply common sense, and to fulfill the purpose of arbitration.

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