NCJ Number
113301
Journal
Labor Law Journal Volume: 39 Issue: 7 Dated: (July 1988) Pages: 423-431
Date Published
1988
Length
9 pages
Annotation
Arbitration procedures, attitudes, costs, and decisionmaking were investigated in a nationwide sample of 641 labor arbitrators.
Abstract
Of responses, 296 questionnaires were useable for a return rate of 46.2 percent. Results indicate that the majority of respondents were over 50 years old, had 10 to 20 years experience as neutrals, and had a law background. Attributes ranked as most important for arbitrators were personal integrity, arbitration and labor relations experience, neutral occupation, and law training. Typical cases were billed for 3 days. Elimination of post-hearing briefs and the use of expedited arbitration were cited as ways to reduce costs. Average nonexpedited case load was 55, with 30 percent involving private-sector cases. The great majority of disputes involved rights, although discrimination cases were infrequent. In making decisions, respondents ranked the following factors, in order of importance, as most critical: labor agreement language, past practice of both parties, merits of the case, impact on future labor relations, precedent and industry practice, and State and Federal law. Major sources of precedent review included the Bureau of National Affairs' 'Labor Arbitration Reports,' arbitrators' own prior decisions, and the Commerce Clearinghouse's 'Labor Arbitration Awards.' The sample offered no clear opinion regarding future growth in arbitration practice or whether arbitration should move in the direction of more or less legalism.