Defining the Scope of Grievance Arbitration in Public Education Employment Contracts (original) (raw)
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Private Resolution of Public Disputes: Employment, Arbitration, and the Statutory Cause of Action
2011
The Supreme Court recently reaffirmed its commitment to honoring arbitration clauses in employment agreements. In Rent-A-Center v. Jackson, the Court found that courts should treat arbitration agreements in the employment context in the same manner as arbitration agreements found in any commercial contract. The Rent-A-Center result was not surprising. In recent years, the Supreme Court has faced the issue of mandatory arbitration agreements numerous times and, in virtually every case, favored arbitration. The Court has proved willing to cast aside or ignore precedent in its pursuit of a pro-arbitration policy. In favoring arbitration clauses in employment agreements, the Supreme Court has relied on general contract principles. Essentially, the Court has found that, if an employee has agreed to have his statutory discrimination heard in a private forum, then that employee should stick with the deal. But relying on general contract principles to decide a matter involving the employmen...
Journal of Collective Negotiations in The Public Sector, 2007
The literature suggests that public sector arbitration cases fall into four categories: grievant characteristics, other case characteristics, management behaviors, and/or arbitrator behaviors. Certain grievant and/or case characteristics (type of employee, including police and firefighters; type of union; level of government; off-vs. on-duty behavior; whether the grievance has a legal as well was contractual basis, and/or whether there is a third party) lead to different case outcomes. Similarly, certain management practices (not following predefined practices, proposing a certain level of discipline) and certain arbitrator behaviors (determination of just cause, ignoring of contract stipulations, and consideration of the past record of the grievant) lead to different case outcomes. A random sample from 485 published, arbitrated cases was drawn to develop a model to predict outcomes of arbitrated public sector discipline cases. Implications for the practice of effective labor relations in the public sector from union and management perspectives were drawn from the analyses. One important pillar of effective labor relations in the public sector is how employee grievances are handled, especially disciplinary grievances. However, this is more complex and distinctive in the public sector for a variety of reasons: more stringent due process, political protection of the merit system, higher standards of behavior for public employees, special emphasis on police and 199
Creeping Legalism in Public Sector Grievance Arbitration: A National Perspective
Journal of Collective Negotiations in the Public Sector, 2003
Creeping legalism, which incorporates an increasingly formal approach to the arbitration process, may help explain the significant decrease in the number of grievance arbitration filings in the private sector. However, little research has investigated the spread of creeping legalism into the public sector. Preliminary research, conducted by one of the authors and described in an earlier issue of this journal, looked at formality, time, and cost as indicators of creeping legalism in the public sector and found evidence that as formality increases, the willingness to arbitrate decreases. The purpose of this research is to expand that initial endeavor by using a national data set to utilize more sophisticated analytical techniques. The results evidence that as formality, time, and preparation increase, the willingness to arbitrate decreases.
Arbitration as a Strike Substitute in Labour Negotiations - Public Policy Reconsidered
Alberta Law Review, 1980
The writer examines the legislative framework of the binding arbitration procedure in Alberta. He then describes the practice of arbitration boards, from the impanelling stage to the rendering of the award. Information gathered through survey of the members of such boards, and of parties who have appeared before them, is set forth and discussed. The article concludes with an assessment of the effectiveness and proper role of compulsory arbitration as an alternative to other ,,iethods for the resolution of labour disputes.
Arbitration of Employment Disputes without Unions
Chicago Kent Law Review, 1990
union procedures in any occupational category provide for third-party arbitration"). Some agreements provide for a tripartite arbitration board consisting of a representative of the union, a representative of management, and a neutral (whether chosen by the parties, their representatives or a listing agency). See also note 6. 4. For a description of investigator-ombudsman procedures, see A. WESTIN & A. FELIU, RESOLVING EMPLOYMENT DISPUTES WITHOUT LITIGATION 86-104 (Citibank, N.A.), 176-89 (National Broadcasting Company) (1988). 5. For descriptions of peer-review grievance boards, see D. EWING, JUSTICE ON THE JOB: