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The Power Issue In Public Sector Grievance Arbitration, Roger Abrams

Roger I. Abrams

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.