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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

First contract arbitration (FCA) provisions are posed as a solution to the difficulties of negotiating a first contract for newly certified bargaining units. FCA is a longstanding, and no longer controversial, element of Canadian labor legislation. FCA provisions now exist in six Canadian jurisdictions and four distinct FCA models have developed (the exceptional remedy or fault model, the automatic access model, the no-fault model, and the mediation intensive model). In the United States the Employee Free Choice Act (EFCA) included a highly contested proposal to amend the National Labor Relations Act (NLRA) to include an FCA provision similar to the Canadian automatic access model. This chapter offers a balanced assessment of FCA evidence from Canada addressing the main objections to FCA in the EFCA debates. Individual case level data from jurisdictions representing each of the four FCA models is examined. The evidence demonstrates that although FCA is widely available in Canada, it is an option that is rarely sought and, when sought, rarely granted; that parties involved in FCA are able to establish stable bargaining relationships; and, that this process does not, as critics charge, simply prolong the life of nonviable bargaining units. This chapter concludes by suggesting that the practice under Quebec's “no-fault” model and British Columbia's “mediation intensive” model merit consideration for adoption elsewhere. These models position the FCA process as a mechanism fostering collective bargaining and voluntary agreements, rather than treating it as a remedy for dysfunctional negotiations and as part of the unfair labor practice framework.

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of employment in full with all the integral laws explained as required, including its characteristics, written particulars, sources or regulations, with regard to employers, are also covered. Lengthy coverage of the collective agreement is also included, showing legal as well as moral (!) requirements, also included are cases in law that are covered in depth.

In attempting an examination of the contractual and normative concepts of the collective agreement, some ideas are tentatively put forward in the pages which follow hoping that they will stimulate the reader's mind and open areas for further discussion.

In an article entitled “Collective Bargaining — a theoretical analysis” A. Flanders defined collective bargaining as an “…institution for the joint regulation of labour management and labour markets.” The collective agreement, the result of the collective bargain, is normally an uninforceable contract and is a very different legal notion from that of the contract of employment. The function of the collective agreement is to regulate relations between the collective parties, that is between the employer's association or an individual employer, and a union or unions. Such relations are known as relations of a collective nature. They could include procedure agreements between the collective parties in relation to no‐strikes or other industrial action before the disputes procedure has been exhausted; matters to do with the structure of negotiations between the parties; the constitution of the bodies set up for collective bargaining purposes; procedures on re‐ negotiation of the collective agreement; and so on. The collective agreement has however another function, the individual function, which regulates relations between employer and employee. Terms and conditions of employment are usually regulated by the collective agreement. Thus pay scales, hours of work, holidays, wages during illness, overtime work, any matters relating to training, re‐training, apprenticeship, are some from among the numerous subjects to be found in conditions of employment. Procedures which relate to the individual employee, such as grievance and disciplinary procedures, may equally feature as part of the terms and conditions of employment which emanate from the collective agreement. Indeed statute requires that the employer gives his employee particulars of this latter's major terms and conditions of employment.

In a simulated organizational conflict, concession behavior by a negotiator's opponent was manipulated to examine how subsequent third party intervention would influence negotiator perceptions of process control, decision control, distributive justice, and the third party. Negotiators whose opponents made large concessions reciprocated by also making large concessions, suggesting a high level of movement toward agreement by the disputants; subjects whose opponents made few concessions reciprocated in kind, resulting in little movement toward agreement. Third parties, however, imposed outcomes on all negotiators prior to negotiated agreements. Perceptions of decision control, distributive justice, and the necessity of third party intervention were influenced by whether disputants were close to reaching an agreement on their own or not. Outcome imposed by the third party influenced almost all measures. The study suggests that behavior by the disputants (in the form of movement toward agreement), and not just behavior by the third party, can influence ratings of both procedures and outcomes.

This paper aims to fill the gaps by conducting the first large n study examining the role of third parties in the emergence of river agreements in Asia and Africa during the time period 1948-2007. There is a growing literature on what explains agreements in river disputes. However, beyond individual case analysis, little systematic study has been done on the role of third parties in settling river disputes through agreement, in particular on the regions that are mostly affected by the global climate change.

Through utilising new data on the role of third parties in river disputes, this study shows that third party involvement in the conflict management of river disputes increases the likelihood of reaching river agreements.

The findings suggest that third parties use both diplomatic and economic means to increase the likelihood of emergence of river agreements, and both strategies are equally important to induce formalised cooperation.

Yet the present study covers only two regions, and it does not delve into a discussion of the conditions under which third party interventions are successful. Rather, these are aspects that need to be explored in the future.

Given the current uncertainty around security challenges resulting from climate change, and with predictions of future water wars, this research contributes to the understanding how to peacefully manage current and potential conflicts around transboundary waters.

This study is the first large n study examining the role of third parties in the emergence of river agreements in Asia and Africa.

The employee-organization relationship (EOR) has increasingly become a focal point for researchers in organizational behavior, human resource management, and industrial relations. Literature on the EOR has developed at both the individual – (e.g. psychological contracts) and the group and organizational-levels of analysis (e.g. employment relationships). Both sets of literatures are reviewed, and we argue for the need to integrate these literatures as a means for improving understanding of the EOR. Mechanisms for integrating these literatures are suggested. A subsequent discussion of contextual effects on the EOR follows in which we suggest that researchers develop models that explicitly incorporate context. We then examine a number of theoretical lenses to explain various attributes of the EOR such as the dynamism and fairness of the exchange, and new ways of understanding the exchange including positive functional relationships and integrative negotiations. The article concludes with a discussion of future research needed on the EOR.

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.