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List of Case Studies | |
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Preface | |
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History and Background | |
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Introduction | |
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Early American Unionism | |
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Factors Contributing to Private Sector Union Decline | |
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Structural Elements | |
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Unfavorable Legal and Policy Environment | |
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Management Opposition | |
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Strategic Factors | |
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Unions in Government - The Early Years | |
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Why Government Employees Did (and Did Not) Unionize | |
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The Growth of Unions in Government | |
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The Growth of Government | |
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The Private Sector Experience | |
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Changes in the Legal Environment | |
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An Era of Social Change and Turmoil | |
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Why Government Workers Join Unions - The Individual Perspective | |
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Future Prospects | |
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The Unions Today | |
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Introduction | |
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The Federal Government | |
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Nonprofit Organizations | |
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State and Local Government | |
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The Determinants of State and Local Unionization | |
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Employee Organizations in State and Local Government | |
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General-Purpose Unions | |
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Functionally Specific Organizations | |
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Prospects for Future Growth | |
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The Legal Environment of Public Sector Labor Relations | |
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Introduction | |
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The Right to Form and Join Unions | |
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Labor Relations in Federal Employment: The Legal Basis | |
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The Executive Orders | |
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The Civil Service Reform Act of 1978 | |
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Recent Exceptions from CSRA Coverage | |
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The FLRA | |
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The Legal Basis of Labor Relations in State and Local Government | |
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Federal Legislation for State and Local Government | |
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State and Local Government Policies | |
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States without Collective Bargaining Policies | |
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States with Noncomprehensive Policies | |
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States with Comprehensive Collective Bargaining | |
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Employee Rights | |
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Employer Rights | |
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Administrative Agency | |
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Unit Determination | |
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Recognition Procedures | |
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Scope of Bargaining | |
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Impasse Resolution Procedures | |
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Union Security | |
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Unfair Labor Practices | |
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The Initiative and Referendum | |
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Labor Relations in Nonprofit Organizations | |
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Summary and Conclusions | |
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Fundamentals of the Bargaining Process | |
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Introduction | |
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Public-Private Sector Differences | |
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The Environment | |
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Financial Setting and Incentives | |
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The Nature of Work | |
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The Role of Politics | |
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The Parties | |
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The Process | |
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Electing a Union and Getting a Contract: The Elements of Collective Bargaining | |
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Bargaining Unit Determination | |
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Community of Interest | |
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Bargaining History | |
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The Extent of Prior Union Organization | |
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Efficiency of Agency Operations | |
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Fragmentation of Bargaining Units | |
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Exclusion of Supervisory and Confidential Employees | |
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The Representation Election or Show of Majority Support | |
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Certification of the Bargaining Representative | |
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Negotiating the Contract | |
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Summary and Conclusions | |
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The Process and Politics of Public Sector Collective Bargaining | |
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Introduction | |
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Internal Process and Politics | |
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Identifying Proposals | |
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Preparation for Bargaining | |
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The Duty to Bargain | |
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The Script | |
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Concession Bargaining | |
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External Politics | |
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Lobbying | |
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Electoral Activities | |
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Public Opinion | |
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Restrictions on Public Employee Political Activity | |
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From Traditional to Interest-Based Bargaining | |
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Traditional Negotiations | |
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Interest-Based Bargaining (IBB) | |
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Bargaining in the Future | |
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Summary and Conclusions | |
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Financial Impacts of Unions and Collective Bargaining | |
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Introduction | |
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Budget Making and Unions | |
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The Budgetary Process | |
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Budgetary Outcomes | |
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Unions, Wages, and Benefits | |
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Socioeconomic Factors | |
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Political Factors | |
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Politics and Decision Rules in the Compensation Decision Process | |
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Monetary Impacts of Unions: Approaching the Research Question | |
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Are Public Sector Workers Paid More than Private Sector Workers? | |
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Comparing the Relative Effects of Unions in the Public and Private Sectors | |
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The Effects of Public Employee Unions on Compensation: Methodological Problems | |
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The Effects of Public Employee Unions on Compensation: A Review of the Findings | |
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Salary and Wages | |
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Benefits | |
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Evaluating the Union Effect on Wages and Benefits | |
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Responding to Public Sector Compensation Cost Increases | |
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Productivity Bargaining (Gainsharing) | |
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Monetary Impacts of Federal Employee Unions | |
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Federal Wage System | |
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Classified Civil Service | |
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Collective Bargaining System | |
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Conclusion | |
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Union Impacts: Personnel Processes and Policies | |
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Introduction | |
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Merit Systems | |
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The Interface between Collective Bargaining and the Merit System | |
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Accommodating Collective Bargaining and the Merit System | |
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Unions and Threats to the Merit Principle | |
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Union Security | |
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Seniority | |
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Affirmative Action and Diversity | |
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New Public Management | |
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Specific Impacts of Unions on Personnel | |
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Functions and Policies | |
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Management Rights (Scope of Bargaining) | |
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State and Local Government | |
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Management Structure | |
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Personnel Processes | |
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Recruitment, Testing, and Selection | |
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Promotions | |
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Training and Development | |
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Position Classification and Staffing | |
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Work Load and Scheduling | |
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Grievances | |
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Employee Discipline | |
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Dismissals and Layoffs | |
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Reductions in Force | |
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Other Human Resource Management Policies | |
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Conclusion | |
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Strike! | |
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Introduction | |
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A Strike by Any Other Name | |
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Public Sector Strike Activity | |
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The Right to Strike in Public Employment | |
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The Sovereignty Argument | |
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Distortion of the Political Process | |
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Lack of Market Constraints | |
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Essential Services | |
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Legislation Pertaining to Strikes | |
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Public Policy and the Incidence of Strikes | |
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Why Public Employees Strike | |
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Macro-Level Factors | |
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Micro-Level Factors | |
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Demographic and Attitudinal Factors | |
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Bargaining Power and Disagreement Costs | |
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Faulty Negotiations | |
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Strike Tactics | |
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The Union | |
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Management | |
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Contingency Planning for the Strike | |
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The Injunction | |
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Strike Penalties | |
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Conclusions and a Look Ahead | |
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Resolving Impasses: Alternatives to the Strike | |
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Introduction | |
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The Private Sector Experience | |
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Impasse Resolution in Federal Employment | |
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State and Local Government Impasse Procedures | |
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Mediation | |
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Traits of an Effective Mediator | |
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Advantages and Disadvantages of Mediation as a Technique for Resolving Impasses | |
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Fact Finding | |
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The Fact-Finding Process | |
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Advantages and Disadvantages of Fact Finding | |
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Arbitration | |
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The Arbitration Process | |
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Advantages and Disadvantages of Arbitration | |
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Final Offer Arbitration | |
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Other Impasse Resolution Procedures | |
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Med-Arb | |
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Arb-Med | |
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Labor-Management Committees | |
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Referenda - Letting the Taxpayers Decide | |
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The Unfair Labor Practice | |
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The Search for Flexibility | |
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Uncertainty: Benefit or Bane? | |
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Conclusion: The Benefits of Impasse Procedures | |
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Living with the Contract | |
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Introduction | |
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The Collective Bargaining Agreement | |
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Contents of the Agreement | |
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Disseminating the Agreement | |
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Administering the Agreement | |
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Grievance Procedures | |
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Causes of Grievances | |
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The Grievance Process | |
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Representation of the Grievant | |
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The Steward | |
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Union Duty of Fair Representation | |
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Grievance Arbitration | |
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Arbitrability | |
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Court Review of Arbitrators' Decisions | |
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Selection of the Arbitrator | |
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Problems in Grievance Arbitration | |
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Standards for Arbitrator Decision Making | |
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Past Practice | |
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Prior Bargaining Record | |
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Previous Arbitration Awards | |
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Other Considerations | |
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Grievance Procedures in Federal Employment | |
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New Directions in Grievance Handling | |
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Expedited Arbitration | |
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Alternative Dispute Resolution | |
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Grievance Mediation | |
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Conclusion | |
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Public Employee Unions in the Future | |
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Introduction | |
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The Decline of Private Sector Unions | |
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Challenges for Public Employee Unions | |
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The Continuing Fiscal Squeeze | |
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Structural Challenges | |
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Public Policy Challenges | |
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Strategic Challenges | |
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Opportunities | |
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Labor-Management Cooperation and Participative Decision Making | |
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Advantages of Cooperation | |
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Conditions Necessary for Successful Labor-Management Cooperation | |
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The Future of Labor-Management Cooperation | |
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Public Employee Unions in the 2000s: Conclusion | |
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References | |
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Index | |