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The Effects of the Economic and Budgetary Crisis on Interest Arbitration and Bankruptcy

A discussion of the public sector budgetary crisis: who was at fault and what the economic and political realities are in 2010.

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Rich Trumka describes the impact of the corporate bankruptcies on employees and, specifically, Section 1113 of the Bankruptcy Code, and calls for an overhaul of the Code.

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Labor relations and arbitration post – 9/11:The US Airways experience

Panelists representing the management of US Airways, the pilots union, the CWA (representing employees at the ticket counters, gates and in reservations), and flight attendants discuss the effects on contract negotiations and employee relations of 9/11 and the subsequent filing for bankruptcy of the airline.

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The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.

An examination of the issues that arbitrators will face, arising from bankruptcies and the impact of the Employee Retirement Income Security Act (ERISA). Management and union perspectives are offered on both subjects.

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The author’s thesis is that the parties and the arbitrator should develop pre-hearing processes that suit their styles and the situations they face, rather than to adhere to custom . It is suggested that the arbitrator begin the hearing with a description of the hearing process, and then inquire about settlement possibilities. The author discusses …

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Professional responsibilities of arbitrators

Richard Block discusses whether and under what conditions arbitrators should agree to serve as expert witnesses.Walter Gershenfeld discusses when disclosure is required of an arbitrator, and when recusement is appropriate.And Alexander Porter addresses the issues arising when concerns about payment of the arbitrator arise.

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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A report of the Committee on Law and Legislation for 1969, National Academy of Arbitrators

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Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …

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Do contract rights vest?

An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author draws a distinction between monetary rights that have accrued and have been earned and non-monetary rights exercisable only in futuro. The author concludes that monetary rights such as vacation pay, …

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