NCJ Number
99289
Journal
Detroit College of Law Review Volume: 1985 Issue: 1 Dated: (Spring 1985) Pages: 31-46
Date Published
1985
Length
16 pages
Annotation
Although the issue of whether labor arbitrators should follow external law (statutes, court decisions, and administrative regulations) has been much debated in the literature, an analysis of a random sample of 100 arbitration awards indicates that this is rarely a central issue in labor arbitration decisions.
Abstract
This study examined a random sample of 100 arbitration awards presented in the 'Labor Arbitration Reports' over the period August 1972 through July 1982. The sample was purposely not limited to a special subject area so as to reflect a cross section of arbitral decisionmaking. The analysis indicates that fully a third of the cases had no reference to external law, not even in terminology or technique. Most of the remaining cases were decided without according the external law even a secondary role, relying instead on a nontechnical evaluation of evidence, interpretation of contractual provisions, and application of industrial equity. In the cases where external law played a major part (approximately 5 percent) or a minor supporting role (approximately 10 percent), it typically shared the stage with arbitral authority. In cases where the issue of the proper place of public law in labor arbitration arose as a possible stumbling block, it was ignored rather than confronted. Tabular data and 85 footnotes are provided.