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 author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator;…
A discussion of “the duty of fair representation” arbitration proceedings, in terms of both the union and management responsibility. The author inquires into the arbitrator’s role when it becomes clear…
The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical limits of arbitration under collective…
The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of fair representation has been made…
The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement…
The annual report of the Academy’s Committee on Law and Legislation includes review of federal appellate level cases in 1976. Included are sections on Supreme Court decisions; enforcement of the…
The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being fully proficient, based solely on…
Due process and fair representation in grievance handling in the public sector
Bernard F. Ashe, William P. Murphy, Herbert Prashker, Donald H. Wollett
January 1, 1977 Proceedings Database
A discussion of public employee rights. Due process standards in the public and private sectors are compared, and the “property interest” of public sector employees in their employment status and…
A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective bargaining agreement. The author views…