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… Read More »Arbitral implications: Hearing the sounds of silence
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… Read More »Privatization, outsourcing and subcontracting2. The hidden costs of outsourcing: A union viewpoint
National Academy President Killingworth asserts that the “reserved rights of management” theory of contract interpretation is constrained by two factors: it is unrealistic in practice… Read More »The presidential address – management rights revisited
Review of British procedures for processing grievances and disputes, with particular emphasis on procedures in manufacturing. Major distinctions from American procedures include lack of arbitral… Read More »American and foreign grievance systems: A comparison of British and American grievance handling
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA;… Read More »Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
A discussion of the problems inherent in reconciling the static language of the collective bargaining agreement with the pressures for industrial change and development. The… Read More »Work Assignments and industrial change: Reexamining traditional concepts
Analyzing the small number of arbitration decisions then published on the subject (64), the author finds few consistent themes – and attributes this to inconsistency… Read More »The arbitration of disputes over subcontracting
Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under… Read More »Reflections upon labor arbitration in the light of the Lincoln Mills case
The author defines “management rights” as the “residue of existing functions which remain after collective bargaining negotiations,” within which area management is free to act… Read More »Management’s reserved rights: An industry view
The author views labor as an equal partner with management, and the management rights clause as recognition of solely the fact that it is management… Read More »Management’s reserved rights: A labor view