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Invited Paper: Mobbing and Bullying in the Workplace

The paper defines workplace bulling and mobbing (including bullying bosses), describes the remedial approaches taken by unions and management, offers samples of cba and work rule provisions pertaining to the problem [verbatim extracts are furnished], and presents some arbitrators’ decisions thought to be instructive.

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Mr. Perez describes a common situation of bullying by a supervisor, and the limited efficacy of litigation, arbitration, and mediation in attempting to address the problem. Mr. Perez suggests that, where there is a cba, due process can be the antidote to bullying because the employer has the burden of proving employee misconduct. Yet requiring …

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Workplace BullyingI. Workplace Bullying – The New Violence?

A panel discussion of the varieties of workplace bullying and the impact upon those bullied, including employees upon management, management of employees, and among co-workers. Dr. Gary Namie began the Workplace Bullying Institute in the late 1990s and has undertaken to make such behavior illegal. Ms. Silverman discusses NLRB cases in which some forms of …

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An examination of practices for the implementation of operational efficiencies. The author concludes that a combination of teamwork and incentives best enhance workplace efficiency. Mutual trust between labor and management is seen as essential.

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An examination of the 4 generations in United States since 1927 – the depression – the baby boom – the baby bust – and the baby boomlet; the effect of technology on the nature of work; and generational attitudes, expectations and values and their affect on the workplace.

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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.

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Arbitrator Das describes the implementation of a restructuring (force reduction) agreement between Northwestern Steel & Wire Company and the Steelworkers Union, for which agreement he served as arbitrator. He observes that a combination of internal committees and arbitration can be effective in resolving restructuring disputes.

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