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A review of arbitration decisions, comparing contracts that contain a “maintenance of conditions” provision with contracts that do not. The result of that review: standards for the arbitrator’s decisions and the awards are the same for wash-up time, lunch period and contracting-out cases, but are different for crew-size cases (possibly because crew size goes to …

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The author defines “management rights” as the “residue of existing functions which remain after collective bargaining negotiations,” within which area management is free to act without restriction. The author conceives of the parties’ relationship as one in which all rights reside with management except as ceded to the Union through the bargaining process, and rejects …

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The author views labor as an equal partner with management, and the management rights clause as recognition of solely the fact that it is management that acts, and the union that grieves. The author asserts that unions, like employers, have inherent rights separate from the collective bargaining agreement, and that the CBA does not, alone, …

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