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Full-Text Articles in Law
Comparable Worth In Arbitration, Christine D. Ver Ploeg
Comparable Worth In Arbitration, Christine D. Ver Ploeg
Faculty Scholarship
In 1992 Minnesota became a pioneer in the arena of equal pay for equal work by enacting the Minnesota Local Government Pay Equity Act/Comparable Worth Law (“CWL”), which allocated nearly $22 million to remedy wage disparities between female dominated and male dominated classes at the state level. Each local government had to determine a new pay level for public employees taking into account whether it was a male or female dominated field. Many of these determinations were challenged by unions basing their challenges on two primary themes: (1) the methodologies used were flawed; (2) the determinations were invalid because the …
Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann
Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann
Faculty Scholarship
While grievance arbitration is the most common method of resolution of disputes arising under collective bargaining agreements, the author proposes that there is also a place for grievance mediation. The author compares mediation to arbitration and negotiation, and describes the strengths and weaknesses of mediation. She explains how mediation clauses in labor agreements could be enforced under section 301 of the LMRA, to protect rights created by those agreements, and proposes that mediation clauses be a basis for injunctions against strikes during the term of an agreement in certain situations. However, the author suggests that courts and the National Labor …