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Legal Status of Federal - Sector Arbitration

NCJ Number
94162
Author(s)
F Elkouri; E A Elkouri
Date Published
1980
Length
33 pages
Annotation
This booklet describes the role of contractual grievance procedures and arbitration in the Federal sector as well as the legislative mandates and agency functions associated with these procedures.
Abstract
A comparison of Federal sector and private sector arbitration, notes that variations are mostly in aspects of the legal status of arbitration, including the scope of the duty to bargain; the status of management rights; the degree of the arbitrator's required adherence to laws, rules, and regulations; and the scope of review of the arbitrator's decision. The foundations for Federal employee organizational and bargaining rights are traced in Executive Order 10988, which permitted the use of advisory arbitration for Federal employees, and Executive Order 11491, which provided for representation disputes, grievances, and contract-negotiation disputes. The codification of these executive orders, with some major changes, occurred in the Civil Service Reform Act of 1978. The roles of the various Federal agencies in labor arbitration involving Federal employees is explained, along with descriptions of the channels for processing Federal sector grievances. Also considered are the scope of Federal sector bargaining and management rights safeguards, the review of arbitration awards, the Comptroller General's review role, and the Back Pay Act. The Federal arbitrator's task is also briefly reviewed. Sixty-two footnotes and a subject index are provided.