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A review of published cases discloses that plant closings have given rise to numerous disputes over the existence of restrictions on the employer’s right to take such action, and the availability of employee benefits. However, no new theories of contract rights have evolved.

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A review of published cases discloses that plant closings have given rise to numerous disputes over the existence of restrictions on the employer’s right to take such action, and the availability of employee benefits. However, no new theories of contract rights have evolved.

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Do contract rights vest?

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 rights that have accrued and have been earned and non-monetary rights exercisable only in futuro. The author concludes that monetary rights such as vacation pay, …

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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 to arbitration, such as slow-down, strike, lockout and labor courts.

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