jimntx
Veteran
There is no requirement under the law for an arbitrator to favor a represented group over a non-represented group. Or, to follow this group's CBA vs. that group's CBA.
What the McCaskill amendment (it is not a separate law. It was tacked on to an appropriations bill IIRC) says is that the two groups must negotiate a "fair and equitable" integration of the groups. If the groups are unable to reach an agreement, the matter will be submitted to binding arbitration. There is nothing in the amendment which specifies what the arbitrator must do. In fact, it is possible, not probable, but possible (and legal) for the arbitrator to render a binding decision which staples one group below the other. There are always risks for both sides when submitted to arbitration.
What the McCaskill amendment (it is not a separate law. It was tacked on to an appropriations bill IIRC) says is that the two groups must negotiate a "fair and equitable" integration of the groups. If the groups are unable to reach an agreement, the matter will be submitted to binding arbitration. There is nothing in the amendment which specifies what the arbitrator must do. In fact, it is possible, not probable, but possible (and legal) for the arbitrator to render a binding decision which staples one group below the other. There are always risks for both sides when submitted to arbitration.