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… Read More »Privatization, outsourcing and subcontracting1. United States experience: A management viewpoint
The author describes the adverse impact that subcontracting and outsourcing have on the lives of American workers, and the hidden or underestimated risks and costs… Read More »Privatization, outsourcing and subcontracting2. The hidden costs of outsourcing: A union viewpoint
A description of the forms that privatization and contracting out have taken in Canada; why neither is not in the best interests of the general… Read More »Privatization, outsourcing and subcontracting3. Canadian public sector: A union viewpoint
The author charges that Canadian public sector unions have rarely considered the public interest at their demands at the negotiating table and that, during the… Read More »Privatization, outsourcing and subcontracting4. Canadian private sector: A management viewpoint
A summary of court decisions and opinions that serve as instructive touchstones on topics that overlap with grievances submitted to arbitration.
A discussion of arbitration decisions concerning limitations on subcontracting. Topics discussed include arbitrability decisions by courts, the duty to bargain over subcontracting, NLRB deferral in… Read More »Revisiting an old battle ground: The subcontracting dispute
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… Read More »The presidential address – management rights revisited
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… Read More »Should the scope of arbitration be restricted? What and when and how to arbitrate.
A panel discussion of the papers presented by Francis A. O’Connell and Ben Fischer including the views of the discussants as to whether arbitrators should… Read More »Should the scope of arbitration be restricted?
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… Read More »Do contract rights vest?