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A review of the history of the economics shaping the income and working conditions of employees, the recently increasing polarization of income in the United States, and recommendation that the country adopt a sustainable high value added (SHVA) economic strategy. The author observes that the most important impediment to that end is the non-participation of …

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President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk that labor-management arbitration may lose credibility in the face of unilaterally imposed arbitration. He stresses the importance of the participation of labor, management and arbitrators …

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The author notes the shift from regulation to competition in the trucking, telecommunications, and energy industries (natural gas and electricity), and its effect on labor agreements. The author asserts that labor-management relations should be correspondingly restructured into a “new social compact.” The GM-Toyota New United Motors (“NUMMI”) experience is offered as an example.

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Professor Dunlop describes the current and projected state of employment law disputes favoring alternative dispute resolution in lieu of litigation and administrative rulings. The Commission on the Future of Worker-Management Relations favors experimentation in the ADR of employment disputes. Regarding private arbitration, the Commission recommends 7 elements to ensure the effective protection of employees’ substantive …

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