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…
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…
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…
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,…
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….
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….
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…
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…
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…
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.
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment