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Arbitration and contract disputes

The author recommends the voluntary arbitration of disputes over new contract terms, but only after collective bargaining and mediation have failed, as a preferable alternative to strikes or government imposed…

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A n expression of concern about whether interest arbitration is a fair substitute for the strike and in view of the potentially negative impact of interest arbitration on bargaining in…

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In Australia, there are a number of tribunals, both federal and state, which handle industrial disputes, but the Australian Conciliation and Arbitration Commission is the predominant one. The author explains…

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Interest arbitration in Canada is sufficiently similar to that in the U.S. so as not to warrant lengthy description. The author instead describes and comments on mediation combined with arbitration,…

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The author addresses interest arbitration in the public sector. The various forms of dispute procedures are listed, and the legal challenges that have been made to interest arbitration are described….

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To control government spending, some states have placed a “cap” on aggregate expenditures. The author examines how such caps affect public sector interest arbitration. For example, in Policemen’s Assn. v….

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The author states that, in substance, a public sector interest arbitrator exercises delegated legislative authority and, as such, is an agent of the legislature in establishing wages and conditions of…

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The author discusses public sector interest arbitration in New England (except NH), where each state has enacted statutory factors for which the parties must present evidence (or stipulations), and if…

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The author furnishes some history of the tripartite arbitration system, and then examines the benefits and risks of tripartite panels, and their impact on the neutral’s decision-making responsibilities. He is…

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The author states that tripartite interest arbitration in the public sector is not functioning as well as it might. He describes the problems and their causes.

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