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Special issues in arbitration: Strike-related discipline

Arbitrator Alexander examines arbitration decisions dealing with misconduct during strikes, and finds lines of demarcation between serious and premeditated misconduct on the one hand, and impulsive emotional interaction on the other. Jerrold Glass and Seth Rosen examine how such cases have been handled in the airline industry, and describe the emotions that can arise during …

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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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Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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Labor policy in Puerto Rico

A welcoming address to the Academy meeting, which summarizes the broad scope of Puerto Rican labor and employment legislation. Current problems, particularly the prevalence of strikes in public sector employment, are reviewed.

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A summary of 1973-74 state legislation enacting or amending public employee bargaining laws and court and agency decisions interpreting public sector bargaining laws.

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Interest arbitration revisited

The author encourages greater use of interest arbitration in the public and private sectors. He notes that binding interest arbitration in the public sector leaves the public with three choices: (1) pay the bill; (2) accept a diminution in services; or (3) find a way to increase productivity of its employees. He also discourages major …

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Interest arbitration in the private and public sectors are differentiated by the power and the threat of economic loss that underlie bargaining relationships in the private sector and not in the public sector. The author asserts that collective bargaining in the true sense cannot exist in the public sector; that the function of interest arbitration …

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Right of management to discipline for refusal to cross a picket line

The issue of the right of management to discipline for failure to cross a picket line brings together the variables found in the interpretation of “just cause,” past practice, the “no-strike clause” (if one exists), and public law. This article surveys arbitrators’ decisions on the subject, and offers some conclusions. Commentator Elarbee opines that, if …

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A report of the Committee on Law and Legislation for 1970, National Academy of Arbitrators with a focus on Section 301 actions under the Labor Management Relations Act (LMRA) reported in 1970. Significant among the cases discussed is the Boys’ Market decision. The Committee also notes and briefly discusses the emergent phenomenon of compulsory arbitration …

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The author asserts that, in the public sector, interest disputes can be effectively resolved through a political process using fact-finding, reason and persuasion, and that that process should be a reasonable substitute to the threat of strike.

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