March 16, 2000 Proceedings Database
The author recommends that arbitrators take a proactive role in developing more efficient methods of dispute resolution, and that they take a circumspect view of the circumstances under which bargaining unit work can be permissibly subcontracted out.
A discussion of the measures taken by the steel industry in general, and US Steel and the USWA in particular, to increase efficiency while minimizing layoffs. The author advocates the use of arbitration to ensure that new productivity standards are fairly implemented.
Arbitrator Brogan examines recent public utility arbitration decisions, the subjects of which include the transfer of work outside the bargaining unit, the reassignment of work to other unit employees, and changes in work hours to effectuate efficiencies. Arbitrator Brogan also addresses the effects of structural changes, such as divestitures.
An examination of the law governing subcontracting (where the CBA is silent) in Canada and the United States is given. This is followed by an union advocate’s presentation of on the history of the law re: subcontracting in the United States and a request that arbitrators be mindful that statutory bargaining requirements are implicit in …
Arbitrator Das describes the history of contracting-out in the Steel industry prior to the 1986 CBA negotiations and the extensive provisions, then agreed upon and largely still in effect, which restrict the contracting-out of “major new construction” or any work where it has been the consistent practice to have such work contracted-out; or where contracting-out …
The City of Indianapolis has sought competitive bids for many non-safety municipal services. AFSCME has participated in the bidding process, winning most bids and collaborating with the City to improve efficiencies. Representatives of the Union and of the City describe the Indianapolis experience.
Downsizing, in response to competition and automation, often results in reallocation of remaining jobs; reclassifications; revised job duties, wage rates and job schedules; and subcontracting. The authors address, respectively, the arbitrator’s role when the CBA is silent, and the constructive results when labor and management both participate in restructuring and subcontracting arrangements.