NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

The author discusses public sector interest arbitration in New England (except NH), where each state has enacted statutory factors for which the parties must present evidence (or stipulations), and if they fail to do so, for which the arbitrator or board may be obliged affirmatively to seek such evidence from them. The arbitrator must then …

Read more

To control government spending, some states have placed a “cap” on aggregate expenditures. The author examines how such caps affect public sector interest arbitration. For example, in Policemen’s Assn. v. Town of lrvington, where the Arbitrator’s decision exceeded the 5% cap, the New Jersey Supreme Court upheld the decision, ruling that the was supported by …

Read more

The author states that, in substance, a public sector interest arbitrator exercises delegated legislative authority and, as such, is an agent of the legislature in establishing wages and conditions of employment. The courts have routinely held that public-sector interest arbitrators are public officials. As public officials carrying out delegated legislative power, it necessarily follows that …

Read more