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Just cause across industries: III. The federal sector

The participants describe the differences between the way discharge penalties are arrived at in the federal sector, and the way that arbitrators deal with them, as compared with private sector and state and local cases. In Douglas v. Veterans Administration, the MSPB stated that the MSPB sits as the final government employer decisionmaker on adverse …

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An assessment of the relevance of the procedural due process criteria of Arbitrator Carroll Daugherty’s seven tests for just cause, and the “harmful error” standard of the Federal Civil Service Reform Act.

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Arbitration in a changing environment

David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan recommends that arbitrators do their utmost to render decisions that are consistent with the statutes to which they pertain and that, knowing that judicial second-guessing of their opinions will be …

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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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