Thesis (Ph. D.)--University of Wisconsin--Madison, 1969. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

LL.M. / Please refer to full text to view abstract

The objectives of this study were to first identify the decision-making bodies structures in the Buffalo City Municipality. Secondly, to assess compositions, powers and functions of such identified bodies or structures. The field study was limited to the administrative jurisdictions of the Buffalo City Municipality; however, the findings and recommendations were applicable to all municipalities in South Africa with the same or similar decision-making like the Buffalo City Municipality. In order to achieve the research objectives, a review of the relevant literature was done. It began by first looking at the constitutional and other legislative provisions establishing the Municipal government system or concept. The literature review looked at the powers and functions given to municipal governments by such constitutional provisions and how effective are such powers exercised. The literature further highlighted the role of trade unions participation and civil society groups in the smooth and effective administration of the municipality and in making the Integrated Development Planning a successful one. The data collection was done by means of questionnaire, focus group discussions complimented by face-to-face interviews. Forty respondents were sampled from six different trade unions and top municipal management. The data collected were analysed thematically with the use of frequency tables, pie charts and histograms. The findings of the study showed among other things that, the highest decision-making body in the municipality is the municipal council supported by various committees, boards and directorates. All the legislative and executive powers are vested in the municipal council. Again, it became known that, the municipal workers unions participate effectively in labour related issues whereas the non-municipal workers unions participate poorly in all consultative processes. In conclusion, there is the urgent need to bring all stakeholders including trade unions in the municipality during decision-making processes in order promote sustainable development in the municipality.

Thesis (M.Law) -- University of Limpopo, 2007 / Refer to document

The Arbitration Review Board existed in the bituminous coal industry from 1974 to 1981. Established during the 1974 contract negotiations between the Bituminous Coal Operators Association and the United Mine Workers of America, the ARB represented an effort to obtain consistency in arbitration decisions. The ARB operated as an industry appellate board designed to hear appeals of arbitration awards, and the decisions of the ARB were contractually mandated as industry precedents requiring arbitrator compliance. Although the parties terminated the ARB in 1981, they have continued to incorporate the precedent decisions in subsequent contracts. This study utilizes both a qualitative assessment and an empirical analysis of arbitration decisions to determine the impact of the ARB on the arbitration process in the coal industry. Structured interviews were conducted with former ARB members, arbitrators, management representatives, and union representatives to gather information with which to construct a complete historical perspective of the ARB's inception, operation, and termination. A total of 44 individuals were interviewed. The empirical assessment involved a content analysis of 300 arbitration decisions to determine the extent to which arbitrators have adhered to the ARB precedents. Conclusions of the research suggest that the ARB has had a profound impact on coal industry arbitration. Arbitrators increasingly adhered to ARB decisions during its existence, and have continued to exhibit a high degree of adherence following the ARB's termination. The difficulties encountered in implementing the ARB and the factors contributing to its termination are discussed. / Ph. D.

The Federal government's involvement in railroad labor disputes was one of the earliest examples of government intervention in the economy. Initially, when the economy was crippled by railroad strikes in the late nineteenth century, the government stepped in and crushed them with troops and injunctions. The Federal government's other approach was legislative, beginning with the passage of the Arbitration Act of 1888. As the first piece of Federal arbitration legislation, it had a significant impact on the development of subsequent labor legislation, such as the Railway Labor Act of 1926 and the National Labor Relations Act in 1935. Several methods are used to assess the impact and importance of the Arbitration Act. First, the political economy of the Arbitration Act is examined. Railroad owners opposed this legislation, fearing it would hinder their ability to hire, fire, and deal with striking workers. Organized labor favored arbitration, viewing such government intervention as providing a mandate that would compel, even force, employers to recognize unions. The ability of these constituent groups to influence their elected representatives is quantitatively tested using a simple model of legislative choice. The Arbitration Act was viewed as harmless, and even useless, by many Congressmen. Whether this legislation was effective is an important investigation. Two approaches are used to assess the impact of the legislation. The first uses a monthly index of railroad stocks to investigate how the expected future profitability of railroad firms was affected. The price of railroad stocks fell, which implies that the legislation was expected to reduce future profits. Investors felt that this legislation did not serve the best interests of railroad capital. The second approach examines how the passage of arbitration legislation affected strike frequency and duration. The analysis of the impact of the Arbitration Act confirms that the mere presence of arbitration procedures can lead to an increase in strike activity. Evidently, the relative costs of railroad strikes were lowered, thus increasing strike activity. The imposition of legislated bargaining procedures can produce unexpected results, as illustrated by the Arbitration Act's effect on railroad strikes.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban,1985.

Thesis (Ph. D.)--Catholic University of America, 1943. / Bibliography: p. 135-144.

During the past twenty years, extensive research has been conducted concerning the judgmental processes of labor arbitrators. Previous research, sometimes referred to as policy capturing, attempted to identify the criteria or standards used by arbitrators to support their decisions. Much of the research was qualitative. Due to the categorical nature of the dependent variables, log-linear models such as logit regression have been used to examine decisional relationships in more recent studies. The decision cues used by arbitrators in 249 published alcohol- and drug-related arbitration cases were examined. The justifications for arbitrators' decisions were fitted into Carroll Daugherty's "seven tests" of just cause. The dominant cues were proof of misconduct, the appropriateness of the penalty, and the business necessity of management's action. Foreknowledge of the rule by the grievant and the consequences of a violation, equal treatment of the grievant, and an appropriate investigation by management were also important decision cues. In general, grievants in alcohol and drug arbitration cases fared as well as grievants in any other disciplinary arbitrations. However, when the cases were analyzed based on the legal status of the drug, illicit drug users were at a considerable disadvantage.

The purposes of this study were: (1) to present data resulting from an analysis of the ninety-seven published grievance-arbitration awards involving issues of racial discrimination occurring between April 1, 1974, and December 31, 1980? and (2) to determine from the data how labor arbitrators have reacted to Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) . The Supreme Court held that labor arbitration was a "comparatively inappropriate" forum for the resolution of employment discrimination disputes. However, the Court said that an arbitral award could be "accorded great weight" by a lower court when certain relevant factors are present in an award. The cases were analyzed to determine the extent to which arbitrators responded to the factors set forth in the Gardner-Denver decision.