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An examination of the political events and labor relations that have resulted in restrictions on the scope of public sector collective bargaining and union representation. The pertinent legislation and its likely consequences are discussed.

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Public Service Without Public Servants

A discussion of the privatization and outsourcing of traditional public functions, and of the contracting

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Just cause across industries: V. public sector

The panelists discuss just cause in public sector (non-federal).

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Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to the parties’ negotiated language and followed the limited role of an arbitrator, rendering results which ultimately clashed with what the Illinois courts felt should be the more politically expedient result …

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This report highlights major efforts during 1985-1986 to resolve or ameliorate the effects of labor-management disputes in the public sector. Addresses statutory, judicial and administrative decisions relating to the arbitral settlement of such disputes.

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A review of interest arbitration in Massachusetts police and fire disputes, Boston MBTA disputes, the airline industry, and in baseball. The role of the arbitrator in enhancing the acceptability of the process with the parties and the public is highlighted; concerns over the “split the baby” result and the possible chilling or “narcotic” effects of …

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A n expression of concern about whether interest arbitration is a fair substitute for the strike and in view of the potentially negative impact of interest arbitration on bargaining in the public sector. Experience under the New York City collective-bargaining law is reviewed; its success is attributed, in substantial measure, to the degree of labor …

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To control government spending, some states have placed a “cap” on aggregate expenditures. The author examines how such caps affect public sector interest arbitration. For example, in Policemen’s Assn. v. Town of lrvington, where the Arbitrator’s decision exceeded the 5% cap, the New Jersey Supreme Court upheld the decision, ruling that the was supported by …

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The author states that, in substance, a public sector interest arbitrator exercises delegated legislative authority and, as such, is an agent of the legislature in establishing wages and conditions of employment. The courts have routinely held that public-sector interest arbitrators are public officials. As public officials carrying out delegated legislative power, it necessarily follows that …

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The author discusses public sector interest arbitration in New England (except NH), where each state has enacted statutory factors for which the parties must present evidence (or stipulations), and if they fail to do so, for which the arbitrator or board may be obliged affirmatively to seek such evidence from them. The arbitrator must then …

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