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The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.

An examination of the issues that arbitrators will face, arising from bankruptcies and the impact of the Employee Retirement Income Security Act (ERISA). Management and union perspectives are offered on both subjects.

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An examination of how values – personal or societal conceptions of the way things ought to be – affect arbitrators’ deliberations.

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A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose requirements at odds with the National Labor Relations Act and, correspondingly, common CBA provisions. The Court’s distinctions between Gilmer and Gardner-Denver are examined. Representatives of …

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Howard Block proposes that courts should no longer adhere to the employment-at-will doctrine in the private sector; that legislation protecting private sector employees against unfair dismissal is overdue; and that federal legislation should be adopted, prescribing minimum procedural and substantive standards in wrongful termination cases (applicable in the absence of more comprehensive state law).

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Arbitration and relentless legalization in the workplace

An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor Relations Act, there is a steady flow of cases dealing with areas of statutory regulation of the workplace: wage and hour, safety and health, pension and welfare benefits, and equal …

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Prof. Kochan addresses the future of collective bargaining and its implications for labor arbitration. He considers two questions about the future of collective bargaining: 1) How widespread will collective bargaining be and 2) will changes in the nature of collective bargaining alter the future role and prominence of grievance arbitration? He concludes that the trend …

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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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An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons other than those raised by Paul Weiler [see 1985, page 37] for the decline in the unionized workforce. (Includes table of automotive/UAW wage increases 93-94.)

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A review of wrongful discharge litigation in California, and of the judicially-recognized exceptions to the common-law principle of employment at will. Unfair dismissal legislation is advocated as serving the interests of employees, employers and the public. Experience with unfair dismissal legislation in Canada and Europe is reviewed and concerns of unions and the plaintiffs’ bar …

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The author maintains that, under Collyer, deferral has been distorted to mean a national policy in favor of arbitrating all disputes involving contract terms, making compulsory a process that was intended to be available to labor and management as a voluntarily method of dispute resolution. Professor Alleyne asserts that the Board’s discretion has been improperly …

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