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A description of the nature and operation of four and five-member boards in the airline industry and the circumstances in which use of bipartite boards is considered appropriate. Treatment of bipartite board decisions as final and binding arbitration by the courts is viewed favorably. Collective-bargaining agreement provisions for mandatory use of bipartite boards, as opposed …

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A description of tripartite airline system boards of adjustment, and changes in their functioning that resulted from Railway Labor Act mandates and collective-bargaining agreements. Case law in which NLRB decisions were reversed on appeal are reviewed. The operation of the United bipartite system, and its modification to involve neutrals at the outset, are described. Usage …

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An examination of the functioning of the Teamsters joint grievance committees, and how those committees fall short of established standards for adjudicatory processes. Inadequacy of evidence, use of ex parte evidence, trading of grievances, control by a political hierarchy and increased potential for bias are cited. Case examples are presented. Joint committees are viewed as …

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The individual employee’s rights under the collective bargaining agreement: What constitutes fair representation

A panel presentation of the union’s duty of fair representation. Professor Summers discusses Vaca v. Sipes, traces the origin of the duty of fair representation [“DFR”] in contract negotiations and administration, and demonstrates its application in hypothetical cases of plant consolidations and processing grievance (including trading off grievances and failing to investigate). Lester Asher discusses …

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