Has the imposition by the courts of the necessity to observe past practices of the parties under a contract been beneficial or harmful to the collective bargaining process?
Answer to relevant QuestionsOnly one state, Montana, has adopted a so-called wrongful discharge statute. What is the intent of such a statute and why do you think no other states or the federal government have passed wrongful discharge legislation? Has the union duty of fair representation been difficult for unions to manage consistent with their obligation to proceed to represent what they perceive to be the majority will? Is mandated contract arbitration a rational alternative to the right to strike? What is progressive discipline? What are the dual purposes of progressive discipline? How might a breach of contract charge result from a dismissal?
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