Abstract

This Article explores the possible reasons for the prevalence of the power issue in public sector grievance arbitration and evaluates the impact of the power issue on the arbitration process and on public enterprise in general. First, however, the Article examines briefly how public employers have raised the power issue in arbitration. For purposes of discussion, management's arguments on the power issue are divided into four categories: 1) substantive and procedural arbitrability; 2) reserved managerial prerogatives; 3) controlling external law; and 4) limitations on remedial power.

Notes

Originally published in Minnesota Law Review, Vol. 67, No. 1, October 1982.

Keywords

public sector, grievance arbitration

Disciplines

Labor and Employment Law

Publisher

University of Minnesota Law School

Publication Date

10-1982

Rights Information

Copyright 1982 by the Minnesota Law Review Foundation.

Rights Holder

Minnesota Law Review Foundation

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