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Invited Paper: Arbitrator as Consensus Builder

Innovative approaches to labor-management collaboration are being investigated and tried, including interest-based bargaining. This article describes those endeavors, how they function, advocate training in them, and the arbitrator’s role.

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The author maintains that, under Collyer, deferral has been distorted to mean a national policy in favor of arbitrating all disputes involving contract terms, making compulsory a process that was intended to be available to labor and management as a voluntarily method of dispute resolution. Professor Alleyne asserts that the Board’s discretion has been improperly …

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Professor Gershenfeld’s observations about interest arbitration. He examines the criteria for making monetary decisions, scope problems in the non-monetary areas, the “coercive comparison,” and the role of “public interest” factors (e.g., the effect of a settlement in one part of an organization on other upcoming bargains in the same organization). The “arb-med tool” is discussed.

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In public school disputes, arbitrators will be faced with challenges to the arbitrability of a wide range of subjects. The challenger will assert that, despite the fact that the parties have a contractual provision on the subject, the subject was not a proper one for bargaining, as it falls within the exclusive prerogative of the …

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A description of Michigan’s system of legislated, issue-by-issue, final-offer, police- and fire-service arbitration, under which arbitrators are to consider, among other things, “the interest and welfare of the public,” the “stipulations of the parties,” and a m?lange offactors, seemingly aimed at economic issues, such as vacations, holidays, excused time, insurance and pensions, medical andhospitalization benefits …

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The United Mine Workers adopted a bargaining system that allows rank-and-file members to tell its negotiators the most serious problems confronting them. The Union encourages its members to resolve minor disputes at the mine site – where they occur – and to resort to arbitration only when major differences over contract interpretation arise.

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A comprehensive study of the elements of federal labor relations and collective bargaining outside of the private sector, where both sides need to understand and respect the process as a channel for resolving employee-employer tensions. The Civil Service Commission and its responsibilities as well as the newly created Federal Impasse Panel are discussed, along with …

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Discussion of grievance arbitration, distinguishing federal sector from state and local government experience. Includes discussion of advisory arbitration, types of issues submitted, available forums; differences in extent of unionization within public employment; limits on adopting private-sector practices in the public sector; and possible directions of development.

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An examination of collective bargaining in the longshore industry that includes a discussion of the results of the Department of Labor’s Longshore Project, with particular detail as to the New York Harbor.

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

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