The Arbitration of Rights Disputes in the Public Sector
The Arbitration of Rights Disputes in the Public Sector

Author: Clarence R. Deitsch

Publisher: Praeger

Published: 1990-08-15

Total Pages: 208

ISBN-13:

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Designed specifically for labor management advocates and their clients in the public sector, this book is a comprehensive yet practical guide to the arbitration of grievances in public employment. The authors, both experienced arbitrators themselves, offer step-by-step advice on the preparation and presentation of arbitration cases and provide a detailed description of effective grievance resolution through the effective use of the grievance procedure. Written in a style accessible to those without substantial academic training in labor relations law, the volume's purpose is to equip the practitioner to represent his or her respective constituents effectively in the private system of industrial jurisprudence. Although it focuses particularly on grievance administration and arbitration in state and local government, the concepts and techniques presented are equally appropriate for those working in the federal or private sectors. Following an introduction, the authors review various state bargaining statutes governing the arbitration of grievance disputes and look at the grievance process as a prelude to arbitration. They go on to examine the institution of arbitration, focusing primarily upon the administrative agencies, the arbitrators, and the legal environment within which labor relations advocates must work. Subsequent chapters treat procedural and evidential issues common to arbitration, the arbitration of discharge and disciplinary matters, contract interpretation issues, and the decision making of neutrals and what can or cannot reasonably be expected of arbitrators. In their conclusion, the authors make the case for rights arbitration as the preferred method of dispute resolution. Five appendices contain information critical for the practitioner not normally available in a single source: the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes; the Rules of the American Arbitration Association and the Procedures of the Federal Mediation and Conciliation Service; and sample arbitration awards issued in real-life cases.

Employment Dispute Resolution and Worker Rights in the Changing Workplace
Employment Dispute Resolution and Worker Rights in the Changing Workplace

Author: Adrienne E. Eaton

Publisher: Cornell University Press

Published: 1999

Total Pages: 314

ISBN-13: 9780913447772

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Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.

Labor Relations in the Public Sector
Labor Relations in the Public Sector

Author: Richard C. Kearney

Publisher: Routledge

Published: 2017-09-25

Total Pages: 430

ISBN-13: 1351561243

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Since publication of the fourth edition of Labor Relations in the Public Sector, public sector unions have encountered strong headwinds in many parts of the U.S. Membership is falling in some jurisdictions, public opinion has shifted against the unions, and political forces are leaning against them. Retaining the structure that made the previous editions so popular, this fifth edition incorporates a complete round of updates, particularly sections on recent trends in membership figures, new legislation, and new politics as they influence bargaining rights. See What’s New in the Fifth Edition: Up to date examination and analysis of public sector labor relations and collective bargaining Important changes in the public labor relations and unionization landscape Updated analysis of the financial and human resource outcomes of collective bargaining in the public sector Collective bargaining institutions and processes in government Completely updated in terms of the scholarly and professional literature and relevant events, the new edition identifies and explains the implications of the new collective bargaining environment, including financial and human resource management issues and outcomes. As in previous editions, collective bargaining and labor relations are addressed at all levels of government, with comparisons to the private and nonprofit sectors. Designed to be classroom friendly, it includes discussions of the most recent literature and case studies as well as end-of-chapter assignments and quizzes. Practical tips and advice are offered for those engaged in collective bargaining and labor relations.

International Arbitration in Latin America
International Arbitration in Latin America

Author: Gloria M. Alvarez

Publisher: Kluwer Law International B.V.

Published: 2021-04-08

Total Pages: 462

ISBN-13: 904119973X

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Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Interest Arbitration as Alternative Dispute Resolution
Interest Arbitration as Alternative Dispute Resolution

Author: Joseph E. Slater

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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This paper comes from a February 2012 Symposium, "The Role of ADR Mechanisms in Public Sector Labor Disputes: What Is at Stake, Where We Can Improve & How We Can Learn from the Private Sector." It discusses the history of an important form of alternative dispute resolution: the use of what is called “interest arbitration” to resolve bargaining impasses in public-sector labor relations. This process is used in many states as an alternative to strikes. While interest arbitration has been a crucial part of public-sector labor law and labor relations for decades, it has come under increased scrutiny recently. Indeed, in the wave of laws passed in 2011 restricting the rights of public-sector unions to bargain collectively, interest arbitration was repeatedly attacked, and in several states it was eliminated or restricted. This paper gives a historical overview of the development of interest arbitration, discussing how and why it developed as it did. This development was neither inevitable nor “natural” in that many other western democracies generally allow public workers to strike. But only a few states in the U.S. allows any public workers to strike. Thus, the question is: why did U.S. law and policy develop the way it did? This paper traces the relevant history from 1919 through to the new, restrictive laws of 2011. It starts with the Boston Police strike of 1919 -- a seminal event in the history of public-sector labor law, that had a profound and lasting impact on how U.S. policymakers felt about dispute resolution in public sector labor law. It then turns to the first public-sector labor law permitting collective bargaining -- passed, ironically in view of recent events, in Wisconsin in 1959 -- and describes how concerns about dispute resolution were central to debates over that law. The paper continues by explaining how interest arbitration in public-sector labor relations has evolved and how it has worked from the 1960s into the 21st century. Finally, the paper explores the very recent developments in this area in the laws of 2011.

Public-sector Bargaining
Public-sector Bargaining

Author: Benjamin Aaron

Publisher:

Published: 1979

Total Pages: 348

ISBN-13:

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Monograph comprising a collection of essays on public sector collective bargaining in USA and Canada - discusses trade unionism, role of public management, impact on wages, dynamics of dispute settlement and strikes, courts response to grievance and interest arbitration, and comments on labour relations labour legislation. References and statistical tables.