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Due process and fair representation in grievance handling in the public sector

A discussion of public employee rights. Due process standards in the public and private sectors are compared, and the “property interest” of public sector employees in their employment status and related Constitutional issues examined. Commentator Ashe believes public sector arbitration meets requisite due process standards. Commentator Wollett describes complexities, in that “every action taken” in …

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Employee job rights versus employer job control: The arbitrator’s choice

An analysis of the notion that an employee’s right to his job is a property right. An analogy is drawn between the CBA and the Constitution, the arbitrator and the Supreme Court. Several theories of construction, including the balancing of management rights with seniority rights, are identified and explored.

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