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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…

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A review of arbitration decisions, comparing contracts that contain a “maintenance of conditions” provision with contracts that do not. The result of that review: standards for the arbitrator’s decisions and…

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In response to an opposing paper, the author suggests that the parties say more by the arbitrators they designate than by their doctrinal protestations. The author asserts that arbitration must…

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Arbitrator Brogan examines recent public utility arbitration decisions, the subjects of which include the transfer of work outside the bargaining unit, the reassignment of work to other unit employees, and…

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Arbitrator Das describes the history of contracting-out in the Steel industry prior to the 1986 CBA negotiations and the extensive provisions, then agreed upon and largely still in effect, which…

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The arbitration of disputes over subcontracting

Analyzing the small number of arbitration decisions then published on the subject (64), the author finds few consistent themes – and attributes this to inconsistency in the behavior of the…

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Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve…

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In grievances of the right to subcontract where the CBA is silent on the matter, Attorney Clark presents reasons why arbitrators should apply a standard in public sector cases different…

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Downsizing, in response to competition and automation, often results in reallocation of remaining jobs; reclassifications; revised job duties, wage rates and job schedules; and subcontracting. The authors address, respectively, the…

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National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice because, unless there is a…

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