Collective bargaining in the absence of protective legislation: the case of Louisiana

Article Abstract:

Louisiana is an example of the difficulties of public sector collective bargaining in a state without any protective laws. Without protective laws, the definition of good faith remains fluid and must be defined by the courts. Good faith has been recognized by both the National Labor Relations Act and virtually every state legislature to be essential to collective bargaining. In United Teachers v. Orleans Parish School Board, the Louisiana Supreme Court let the school board determine the parameters of the negotiating process, a decision which contravenes any legislature's idea of good faith.

Officials and employees, Laws, regulations and rules, Negotiation, mediation and arbitration, Public employees, Government employees, State government, Good faith (Law), State employees, State officials

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Common law or common sense: arbitral contract construction

Article Abstract:

Some arbitrators borrow concepts from common law when making decisions, but whether or not arbitrators should do this has been a subject of debate. Two concepts of common law, stare decisis and res judicata, have been used by arbitrators but not as courts would apply them. Arbitrators rely on precedent for determining procedures but not for deciding awards in similar disputes. Arbitrators are expected to base their decisions on the labor agreements in dispute and, therefore, only apply common law principles if they are applicable in the context of the dispute.

Research, Usage, Common law

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The future of labor arbitrators: what are the options?

Article Abstract:

A decline in labor union membership has caused concern about the future of labor arbitration. Though statistics show that caseloads have increased even as union membership declines, many arbitrators are seeking alternative means of employment. ADR may offer arbitrators a chance to stay in labor relations, but being accepted on a panel and differences in responsibilities limit this choice. If labor arbitration does decline, other labor-related forums that may be considered are fact-finding, mediation and interest arbitration in the public sector.

Forecasts and trends, Demographic aspects, Labor unions

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