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Full-Text Articles in Law

Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus Jul 1996

Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus

Journal of Dispute Resolution

The impasse doctrine in collective bargaining allows limited unilateral action by an employer when a good-faith deadlock in negotiations is reached between the employer and employees' representatives. This doctrine is a judicial invention used to reconcile the dual mandate of the National Labor Relations Act: to enforce the duty of good-faith bargaining while not compelling parties to accept agreements or make concessions. Traditionally, the impasse doctrine has been viewed as a tool to promote an ongoing bargaining process; more recently, it has been viewed as a terminal point in the negotiation process. By broadening the definition of impasse, courts ascribing …


Arbitration: Back To The Future, Theodore J. St. Antoine Jan 1996

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …


Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone Jan 1996

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.