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 public as citizens and taxpayers;…

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…

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 they can entail for the…

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…

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 subcontracting cases, and the development…

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…

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…

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 limit themselves to the language…

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…