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Just cause across industries: III. The federal sector

The participants describe the differences between the way discharge penalties are arrived at in the federal sector, and the way that arbitrators deal with them, as compared with private sector and state and local cases. In Douglas v. Veterans Administration, the MSPB stated that the MSPB sits as the final government employer decisionmaker on adverse …

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Collective bargaining and arbitration in the federal sector: an update

Grounds for Federal Labor Relations Authority review of arbitrators’ decisions are that they are contrary to law or regulation or, more commonly, that they contravene seven “private sector” grounds for review recognized by the FLRA. Mr. Birch, an attorney with the FLRA, describes FLRA review standards. This is followed by the panelists discussion of their …

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Arbitration in the federal sector

Arbitrators and advocates give their per perspectives of arbitration in the federal sector. Arbitrators assert that the parties often fail to provide the relevant law, rules, and regulations that must be considered; the advocates assert that arbitrators often fail to apply the required standards or to consider the appropriate authority.

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The Code and post-award arbitral discretion

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and adopts the view that arbitrators are not functus officio until the job is finished. Arbitrator Nolan discusses several specific ethical issues and Arbitrator Quinn advises …

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Professor Gamser observes that, “If there is still some basis to continue the debate over whether external law must be considered by the arbitrator in the private sector, there is no question that he or she must do so in the federal sector.” Grounds for judicial review are described.

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A study of the status of collective bargaining and grievance/arbitration rights of federal classified and white collar employees under Executive Orders 10988 and 11941. The study concludes that such rights cover a narrow range of issues and that arbitral decisions are subject to extensive review.

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A comprehensive study of the elements of federal labor relations and collective bargaining outside of the private sector, where both sides need to understand and respect the process as a channel for resolving employee-employer tensions. The Civil Service Commission and its responsibilities as well as the newly created Federal Impasse Panel are discussed, along with …

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