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Resolution of impasse disputes in public sector education has emerged as a growing concern in recent years. The purpose of this study was to determine if the use of compulsory final offer interest arbitration has served as a viable means of resolving conflicts between boards of education and teacher associations in Connecticut. Statistical examination of the ways in which contracts were settled, the types of issues arbitrated and the decisions of the arbitrator(s) was conducted on the 182 arbitration awards made between 1979-80 and 1984-85 in Connecticut. Additionally, interviews were conducted with members of the Department of Education's arbitration panel and other individuals involved in the process in Connecticut. Of the 23 areas of issues for arbitration it was found that salary, workday/year, medical insurance, and leaves of absence were the most frequently arbitrated issues when comparisons were done between areas. Also, in the area of arbitral decisions it was found that arbitrators tend to be more favorable toward the association when deciding issues pertaining to salary and more favorable toward the board when deciding issues pertaining to workday/year. No other significant differences were found. Additionally, the results of arbitrator interviews show that for the most part the process has worked well in Connecticut and that parties are generally in acceptance of compulsory arbitration for the resolution of contract disputes.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Over the years, international organisations' workforce has evolved and is now composed, in a large part, of individuals who do not hold the status of staff member but are de facto part of a contractual relationship of employment nature with these organisations. As a result, this category of individuals is barred from raising a claim against the organisation because they don't have access to remedies in place for staff members nor do they have access to national courts because of the principles of immunity of jurisdiction. This paper argues that creating an arbitration forum based on the concept of compulsory arbitration for the specific purpose of addressing claims of employment nature involving international organisations will afford a greater protection of the rights of this category of individuals and enable their access to justice.
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.
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.