In a previous article, Gordon A. Gregory and Mark Heinen criticized John M. Caraway's article describing recent successful experiences with the use of mediation in place of arbitration for failing to note the perception of the grievants. A reexamination of the data show that 80 percent of the grievants were satisfied with the mediation procedure.…

Advocates at grievance arbitrations should know the requirements for challenging arbitrator jurisdiction, especially timeliness; should know the procedural safeguards in the contract that must be followed in order to sustain discipline; should know the theory of the case; and should realize that techniques of presentation may be important.…

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)

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…

Most jurisdictions are drifting toward the private sector presumption of arbitrability. With this drift will come the continual erosion of management prerogatives, authority, and power. (Author/IRT)

Grievance arbitration is "part and parcel" of the collective bargaining process in the public sector in the same manner as it is in the private sector. It furthers the same public policy considerations, and there is no practical alternative. (Author/IRT)

Authors discuss their experiences with each of four different types of strikes -- recognitional, jurisdictional, strikes during the term of an agreement, and economic strikes. Describes the effect these strikes as well as strike threats have had on the public sector. (JF)

Examines the question of when an arbitrator can consider external law in the arbitration of public education labor dispute. Cites ruling in "Roadmaster"--that an arbitrator's decision cannot be based solely on the arbitrator's view of the requirements of enacted legislation--as following nearly 30 years of Supreme Court precedent. (MLF)

Reviews Supreme Court decision in "Chicago Teachers Union v. Hudson." The court found the union procedure defective for three reasons. After "Hudson," procedures must be established to provide nonunion members adequate explanation of fee basis, prompt opportunity for challenge, and escrow accounts to hold disputed amounts…

Discusses "Hudson" decision and "impingement on First Amendment rights" of those in states where fees in lieu of dues may not be involuntarily withdrawn from nonunion members' checks. Reviews three areas not addressed: role of public employer, duty to exhaust mandated procedures by objecting employees before pursuing court…

Reports the findings of a study to determine what procedural protections are afforded students at public colleges and universities who are faced with disciplinary or academic dismissal. The data are from 62 of the 85 public postsecondary institutions asked to provide published procedural guidelines. (Author/MLF)

The California State Mediation and Conciliation Service, a state agency, has conducted approximately 150 mediations per year in public schools. Describes the use of grievance mediation in resolving disputes between California public school systems and their unions. (MLF)