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The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges Dec 1990

The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges

Law Faculty Publications

This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....

Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of …


Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr. Jan 1990

Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr.

University of Richmond Law Review

When an employer and a labor union negotiate over an employment contract, their agreements are usually set forth in a collective bargaining agreement. The collective bargaining agreement defines the relationship between the employer and the unionized employees and addresses such matters as wages, hours, and other conditions of employment. Additionally, collective bargaining agreements usually include grievance procedures and arbitration clauses to resolve disputes between the employer and the unionized employees.


The Steelworkers Trilogy In The Public Sector, Ann C. Hodges Jan 1990

The Steelworkers Trilogy In The Public Sector, Ann C. Hodges

Law Faculty Publications

This article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive …