NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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…

Read more

In response to an opposing paper, the author suggests that the parties say more by the arbitrators they designate than by their doctrinal protestations. The author asserts that arbitration must…

Read more

A historical perspective of labor law during the 50-years of the Academy’s existence, including the Taft-Hartley Act; the publication of arbitrators’ awards; The Proceedings of the Academy; the development of…

Read more

FLRA review of arbitration awards

The author examines the disturbingly high percentage of FLRA reversals in cases where federal agencies appeal arbitration awards. Modifications and reversals fall primarily into two categories: those involving the Back…

Read more

Arbitration in the federal sector

Arbitrators and advocates give their per perspectives of arbitration in the federal sector. Arbitrators assert that the parties often fail to provide the relevant law, rules, and regulations that must…

Read more

The author describes the adverse impact that subcontracting and outsourcing have on the lives of American workers, and the hidden or underestimated risks and costs they can entail for the…

Read more

Professor Bairstow asks “Can management seek out highly qualified professionals willing to involve themselves in the maintenance of high standards, encourage them to solve problems on their own, and then…

Read more

Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve…

Read more

Should the scope of arbitration be restricted?

A panel discussion of the papers presented by Francis A. O’Connell and Ben Fischer including the views of the discussants as to whether arbitrators should limit themselves to the language…

Read more

The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do. The author discredits the notions…

Read more
Page 1 of 2 12