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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 workers’ protection against unjust dismissal; and the implications of “management rights.”

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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 Pay Act, and those where arbitrators are found to have intruded on management’s statutory right to direct and assign employees.

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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 the parties’ bargain and reject those that alter or enlarge it. Author Macey agrees that preserving the parties’ bargain should be a guiding concern, but …

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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 be considered; the advocates assert that arbitrators often fail to apply the required standards or to consider the appropriate authority.

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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 employer. The author recommends that, when a CBA is silent on subcontracting and the employer asks the arbitrator to apply a “rule of reason,” the …

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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 turn around in a distinct role change and hand down dicta from on high?” Increasingly, arbitrators will be called upon to decide upon grievances that …

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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 of the labor contract as an employment contract and the recognition clause as an implied limitation on management action.

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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 be stable and that continuity, knowledge and experience should be brought to the hearing: that the parties have an obligation to help arbitrators and not …

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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 of the contract.

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A discussion of the changes associated with technology that impact job privileges and job security, including the need for new devices to satisfy business requirements, workers’ demands and those of their households, and unions. The author discusses the arbitrator’s role as interpreter of the contract, and the need for the arbitrator to consider the circumstances …

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