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“The contracting out of maintenance work . . . is strictly a function of management not limited in any way by the labor agreement” . . . (District Court opinion, OHH at 610).
“The collective agreement had withdrawn from the grievance procedure ‘matters which are strictly a function of management’ and contracting out fell within that exception” (Court of Appeals opinion, OHH at 610).What is the difference?
There is no law that requires the parties to arbitrate.
Commercial Arbitration strictly a function of management not limited in any way by the labor agreement” . . . (District Court opinion, OHH at 610).
a substitute for litigation
associated with a breakdown of a relationship
a substitute for a strike or a lockout
part of a CB process
implies the relationship is working
Part of a “continuing relationship”Compare Commercial and Labor Arbitration