In response to an opposing paper, the author suggests that the parties say more by the arbitrators they designate than by their doctrinal protestations. The author asserts that arbitration must…
The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do. The author discredits the notions…
The author explores two major lines of criticism of the labor arbitration process: The cost – time-lag – formality problem, and the management rights problem. The author discusses the alternatives…
An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author draws a distinction between monetary…
A review of arbitration decisions, comparing contracts that contain a “maintenance of conditions” provision with contracts that do not. The result of that review: standards for the arbitrator’s decisions and…
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…