This paper contains an analysis of case law as it relates to the scope of bargainable issues and its possible impact on public two-year postsecondary institutions in Pennsylvania. Pennsylvania's Public Employee Relations Act defines three categories of collective bargaining issues: (1) mandatory subjects of negotiation, (2) permissive issues of…

For a long time, courts have considered whether to enforce one-sided arbitration clauses on the grounds of unconscionability. Unconscionability is a legal ground for refusing to enforce a contract that seems to be too one-sided, or one that is the result of unfair bargaining. Recent Supreme Court cases in 2011 and 2013--"AT&T Mobility v.…

This bibliography expands the coverage of current and retrospective references to labor negotiations related to professional employees and students in higher education. Some 1,000 references are divided into more than 80 categories. References cover arbitration awards, court cases, National Labor Relations Board decisions, student involvement, and…

American higher education collective bargaining is addressed in 21 essays by administrators and academicians who are actively engaged in the process. Titles and authors are as follows: "The Context of Collective Bargaining in American Colleges and Universities" (Kenneth P. Mortimer); "Collective Bargaining in the Multi-Campus System" (Richard E.…

The article contains a comparative analysis of foreign arbitration courts' decisions, ensuring the reciprocity and public policy. The aim of the study is to explore such aspects as reciprocity and public policy of arbitration courts. The result is the view of the public policy, despite its apparent irrelevance in today's Kazakhstan, which is of…

This chapter discusses litigation touching on collective bargaining issues. The chapter is organized to follow the collective bargaining process, from cases dealing with union organizing to cases involving arbitration. Issues covered also include determination of bargaining units, scope of bargaining, union security, and unfair labor practices in…

This book describes 59 cases, most involving grievance arbitration, that concern a school's right to discipline a teacher or a teacher's right to a particular benefit. Selected from thousands of recent arbitration awards, many of these cases appeared in the American Arbitration Association's monthly publication "Arbitration in the…

This article discusses some of the cases in the public sector in which the courts have intervened in the arbitration process. The cases discussed have construed narrowly the delegation of school board authority in the areas of teacher dismissal and assignment in spite of negotiated collective bargaining agreements. Cases in New York, New Jersey,…

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…

Court litigation in which the claim (to the Equal Employment Opportunity Commission) that a faculty collective bargaining agreement violated the Age Discrimination in Employment Act is examined. Focus is on arbitration of wrongful termination cases. Conflicting judicial rationales applied in two cases are discussed, and a practical solution is…

Five sections make up the contents of this newsletter. A section on the aftermath of the Yeshiva College decision looks at later court decisions, injunctions and "unprotected" unions, administration unfair practices, the possibility of an administration revoking recognition in mid-contract, and administration tactics in circumventing the…

Reviews state supreme court rulings on constitutionality issues raised by compulsory arbitration for public employees. Cases are reviewed for the states of Wyoming, Pennsylvania, Rhode Island, Nebraska, Maine, Michigan, New York, South Dakota, Oklahoma, and Washington. Concludes that courts have generally upheld the constitutionality of such…

This book contains 25 essays on the subject of industrial relations divided into the following parts: Essays and their authors are as follows: "The Context of Collective Bargaining in American Colleges and Universities" (Kenneth P. Mortimer); "Transformation of the U.S. Collective Bargaining System: The Impact on Higher Education" (James P.…

Among different methods which evaluate students' performance and learning results at Master programmes in International Arbitration / Alternative Dispute Resolution is an open book exam. It helps check student's knowledge as well as application of cognitive / intellectual / thinking skills and practical / professional / subject skills. Here…

This study analyzes factors that triggered the land-ownership struggle for the Titi Tsoro forest area, the Rights for Cultivation Use and to analyze the various differences in interests related to the land's ownership as a major community resource or a production asset for national plantation company named as PTPN XII. This research is qualitative…