LABOR ARBITRATION AND DISPUTE RESOLUTION

• NCJ Number: 57173
• Journal: Yale Law Journal Volume: 88 Issue: 5 Dated: (APRIL 1979) Pages: 916-949
• Author(s): J G GETMAN
• Date Published: 1979
• Length: 34 pages
• Corporate Author: Yale Law Journal
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE NATURE OF LABOR ARBITRATION AND THE TRANSFERABILITY OF THE LABOR ARBITRATION MODEL TO OTHER SITUATIONS ARE DISCUSSED IN THIS LAW JOURNAL ARTICLE.

Abstract

LABOR ARBITRATION IS ADMIRED FOR ITS APPARENT ABILITY TO RESOLVE DISPUTES FAIRLY AND IN AN EFFICIENT AND FLEXIBLE MANNER. THIS PERCEPTION HAS LED SOME COMMENTATORS TO BELIEVE ERRONEOUSLY THAT ARBITRATION OFFERS A TECHNIQUE FOR DISPUTE RESOLUTION THAT CAN BE ROUTINELY APPLIED IN ALL SITUATIONS. SUCH A CONCLUSION OVERLOOKS THE IDIOSYNCRATIC NATURE OF LABOR ARBITRATION AND ITS CRUCIAL RELATIONSHIP WITH UNIONIZATION AND COLLECTIVE BARGAINING. IT IS ONLY WHEN UNIONS ARE POWERFUL THAT ARBITRATION IS SUCCESSFUL. ALTHOUGH LABOR ARBITRATION TEACHES LITTLE ABOUT PROCEDURAL INNOVATION, IT DOES DEMONSTRATE THE ADVANTAGES OF GIVING PARTIES GREATER CONTROL OVER THE LAW TO BE APPLIED IN A CERTAIN TYPE OF DISPUTE. ARBITRATION IS NOT NECESSARILY INFORMAL OR INEXPENSIVE. PROCEDURES MAY VARY AND, EVEN WHEN HIGHLY FORMAL, THEY SERVE TO LEGITIMIZE THE ADMINISTRATION OF UNIONS. A REALISTIC UNDERSTANDING OF LABOR ARBITRATION IS IMPORTANT BECAUSE IT REMINDS PEOPLE THAT SYSTEMS OF DISPUTE RESOLUTION PLAY ONLY A LIMITED ROLE IN AFFECTING RELATIONSHIPS. POWERFUL ECONOMIC AND SOCIAL FORCES ALSO SHAPE INDUSTRIAL AND UNION EFFORTS. ANY ADOPTION OF COLLECTIVE BARGAINING FORMATS IN PRISONS MUST RECOGNIZE THE OVERRIDING CONCERN FOR SECURITY, AND THE FACT THAT THE PRISONERS' RELATIONSHIP TO INSTITUTIONAL MANAGERS IS NOT ONE OF EQUALITY. NEW FORMS OF ARBITRATION THAT MAY BE DEVELOPED IN PRISONS AND ELSEWHERE MUST USE PROCEDURES APPROPRIATE TO THEIR UNIQUE SITUATIONS. IF THE LABOR MODEL HELPS TO INAUGURATE FLEXIBLE SYSTEMS OF JUSTICE, THEN A VALID PURPOSE IS SERVED. SPECIFIC DISCUSSION CONCERNS THE IMPORTANCE OF UNION ORGANIZATION TO THE SUCCESS OF ARBITRATION AND ALSO CURRENT EXPERIMENTS WITH ARBITRATION IN PRISONS. FOOTNOTES ARE PROVIDED WITH THE TEXT.