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A description of Michigan’s system of legislated, issue-by-issue, final-offer, police- and fire-service arbitration, under which arbitrators are to consider, among other things, “the interest and welfare of the public,” the “stipulations of the parties,” and a m?lange offactors, seemingly aimed at economic issues, such as vacations, holidays, excused time, insurance and pensions, medical andhospitalization benefits …

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Professor Gershenfeld’s observations about interest arbitration. He examines the criteria for making monetary decisions, scope problems in the non-monetary areas, the “coercive comparison,” and the role of “public interest” factors (e.g., the effect of a settlement in one part of an organization on other upcoming bargains in the same organization). The “arb-med tool” is discussed.

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Arbitration is a verb

In his third address to the Academy, Wirtz summarizes the problems of the railroad industry, illustrating why private institutions must take public interests into account. The advent of new conflict areas, including race and age differences, requires a broader concept of arbitration and suggests a need to devise new dispute resolution procedures. The public interest …

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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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An examination of the relationship between arbitration and the NLRB. Includes discussion of Board deferral to arbitration in unfair labor practice and representation cases, both where arbitration has been used and where it is available but has not been used; the duty to furnish information relevant to contract administration; and arguably invalid contract clauses. Also …

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A discussion of some of the elements that place strains on collective bargaining and the developments necessary to the preservation of free collective bargaining. The author discusses new, creative and constructive forms of bargaining to insure the survival of free collective bargaining.

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Neutral consultants in collective bargaining

The author perceives a public demand for a change in the way labor relations are conducted, and outlines a new role for neutrals designed to address that demand – that being a servant of the parties, an impartial conscience, and an expert advisor. The author opines that neutrals can bring an objective, long-range, and coordinated …

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A prediction that the future will bring a move from the bilateral structure of labor relations to a trilateral structure: one that recognizes the importance of the interest of the public, as represented by the state.

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