NCJ Number
94920
Journal
University of Florida Law Review Volume: 35 Issue: 4 Dated: (Fall 1983) Pages: 557-632
Date Published
1983
Length
75 pages
Annotation
In examining the maturation of American labor arbitration and describing its major developments in the last four decades, this discussion focuses on the National War Labor Board's (WLB) role in resolving labor disputes during World War II, the changed legal environment in which modern labor arbitration operates, and changes in the theory and practice of labor arbitration since 1945.
Abstract
The WLB's consistent policy in favor of voluntary arbitration for resolving labor disputes, particularly grievance disputes, was largely a manifestation of its broader preference for collective bargaining. Congress enacted legislation during World War II encouraging voluntary arbitration and requiring compulsory arbitration in certain cases. Passage of the Taft-Hartley Act established a national labor policy favoring negotiated grievance systems; section 301 of the act provided for court enforcement of arbitration agreements and awards. Congressional, judicial, and administrative decisions channeled more disputes to arbitration and made arbitration the final step in most grievance disputes. Other major factors shaping labor arbitration since World War II have been the pattern of debate, criticism, and response within the arbitration community about the theory and practice of labor arbitration and the contemporaneous professionalization of labor arbitrators and differentiation in the practice of arbitration. Arbitration will be successful in the future if it continues to be a dynamic process, shaped by the needs of labor and management. A total of 424 footnotes are provided.