The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 included a provision for the US Government Accountability Office (GAO) to report on equal opportunity claims, climate surveys, and programs to address climate issues at the military service academies. Specifically, this report addresses: (1) the extent to which…

Examines the ways grievances are handled, emphasizing the role of the principal. Examples of actual grievance procedure agreements are provided. (IRT)

A review of court cases reveals that most jurisdictions are drifting toward the private sector presumption of arbitrability of grievances. With this drift comes the continual erosion of management prerogatives, authority, and power. (Author/IRT)

The doctrine of fair representation of employees by unions is first discussed in general terms, then the doctrine is discussed as it relates to a union's decision to take a case to arbitration, and, finally, the impact of the doctrine on the arbitration process is explored. Available from Syracuse University College of Law, Syracuse, New York…

Discusses the issue of whether arbitrators possess the authority to take into account law outside the contract when not directed by the parties to do so, or whether arbitrators are confined to construing the contract. Favors the use of external law under certain circumstances. (MLF)

In the Fall 1989 issue, Caraway discussed the advantages of grievance mediation, compared with arbitration. This article reexamines the issue from the viewpoint of the individual grievant and points to recent conflicting developments in the National Labor Relations Board's deferral doctrine. An introduction by Perry A. Zirkel summarizes the…

Provisions for resolving contract disputes between owner and architect or architect and consulting engineer should be the same to avoid inconsistent or conflicting results. (Author)

Discusses the nature of labor arbitration; then explores the transferability of the labor arbitration model. Argues that the establishment and legitimation of unions and collective bargaining are responsible for the success of labor arbitration, not vice versa. Available from The Yale Law Journal, 401A Yale Station, New Haven, Connecticut 06520;…

The Office for Civil Rights (OCR) enforces five Federal statutes that prohibit discrimination in any program or activity that receives Federal financial assistance from the Department of Education (ED). The process for filing a complaint is outlined in this brochure. It includes information on the timeliness of the complaint, institutional…

This series of questions and answers on contract administration in public sector labor relations focuses on the practical aspects of both contract administration and grievance handling. Its purpose is to provide information and examples to help practitioners better understand the roles of labor and management while operating under a collective…

Reexamines the right of employees to sit-in independently during arbitration between their union and their employer. Journal availability: See EA 511 946. (IRT)

Notes that the duty of fair representation in the public sector is the same as in the private and argues that expanding the former to include liability for negligent representation is one method of accommodating conflicting interests in a constitutionally compatible manner. (Author/IRT)

In examining the proper role of arbitration and arbitrators, the author reviews the status of public laws in private contracts, the response of the arbitrator to the new mix, and the response of both courts and administrative agencies to arbitrators. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati,…

A recent Supreme Court decision on a First Amendment case involving a teacher in Texas illustrates how teachers' and other public employees' rights to freedom of speech face serious erosion. The problem is deciding whether grievances fall into the protected area of "public concern" or the unprotected area of a "purely private…

The accessibility of declaratory judgment would greatly diminish the propensity toward self-help to "solve" labor conflicts and would decrease the concomitant potential for violence and damages. Available from Seton Hall University School of Law, 1095 Raymond Boulevard, Newark, NJ 07102. (Author/IRT)