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A discussion of the measures taken by the steel industry in general, and US Steel and the USWA in particular, to increase efficiency while minimizing layoffs. The author advocates the use of arbitration to ensure that new productivity standards are fairly implemented.

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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 changes in work hours to effectuate efficiencies. Arbitrator Brogan also addresses the effects of structural changes, such as divestitures.

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A discussion, by union and management counsels, in which they agree that ‘efficiency’ and ‘productivity’ are best not made terms of the CBA, over which the arbitrator will be called upon to rule. Contracting-out, ‘contingent employees’ and ‘contracting in’ are discussed, as is the deterioration of the arbitration system when the parties taking a ‘must …

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Subcontracting in the 1990s

An examination of the law governing subcontracting (where the CBA is silent) in Canada and the United States is given. This is followed by an union advocate’s presentation of on the history of the law re: subcontracting in the United States and a request that arbitrators be mindful that statutory bargaining requirements are implicit in …

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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 restrict the contracting-out of “major new construction” or any work where it has been the consistent practice to have such work contracted-out; or where contracting-out …

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An examination of subcontracting provisions in collective bargaining agreements in the railroad industry.

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Competitive bidding and municipal services

The City of Indianapolis has sought competitive bids for many non-safety municipal services. AFSCME has participated in the bidding process, winning most bids and collaborating with the City to improve efficiencies. Representatives of the Union and of the City describe the Indianapolis experience.

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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 arbitrator’s role when the CBA is silent, and the constructive results when labor and management both participate in restructuring and subcontracting arrangements.

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NAA president Dybeck reviews his experience as arbitrator in the steel industry, giving credit to the many contributions of the “founding fathers” of the Academy to the decision-making process.

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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 the parties’ bargain and reject those that alter or enlarge it. Author Macey agrees that preserving the parties’ bargain should be a guiding concern, but …

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