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The employee’s rights to freedom of speech, religious freedom and freedom from religious discrimination are examined in the public and private workplace.

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The author advocates the “reasonable accommodation” standard for speech in the workplace: i.e., that speech should be limited only on a strong showing that it will cause serious workplace disruption. A historical perspective is given, and various scenarios evaluated.

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A brief overview of free speech conflicts and rights in the public and private sectors, and the tension between such rights and the employer’s obligations under Title VII of the Civil Rights Act of 1964.

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The author advocates that workplace speech be judged by its impact on work. Insubordinate and offensive speech are discussed.

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This address discusses whether collective bargaining is a public or private institution; the inescapability of judicial review; and concern for the preservation of effective dispute-settling mechanisms through the institution of collective bargaining. The author uses the court case of Holodnak v. Avco to illustrate his concern with the growing use of judicial review to overturn …

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What price employment? Arbitration, the Constitution, and personal freedom.

An examination of the role of the Supreme Court in criminal cases and cases involved in the disciplining or discharge of government employees. The author recommends that arbitrators work toward incorporating the mandates of the Bill of Rights into collective bargaining relationships. The proceedings conclude with rebuttals by the commentators and a general discussion by …

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