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A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased employment regulation is rejected and reforms within the current statutory and regulatory framework are recommended. Use of federalism and drawing from the Canadian experience is also recommended. [see also 1985, …

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The parties have a right to expect an arbitrator to answer the question presented, and to resolve that question with a final award when the hearing has concluded. Interim awards, retention of jurisdiction, remanding matters back to the parties, and expansive commentary generally do not serve the purpose for which the parties retained the arbitrator. …

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A discussion of some of the reasons functus officio hinders rather than promotes achievement of the objective of management-labor arbitration and the power of the arbitrator to make monetary awards. The author offers some conclusions with respect to the operation of the doctrine of functus officio.

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