Synopsis By: Lurie - Proceeding Author: Lewis M. Gill, Robert M. Segal

Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in a forum that is simpler, more expeditious, more expert and more private that the courts. The CBA is not seen as an exclusive statement of all the rights and privileges of both parties but, rather, the continuation of existing conditions. This includes the employees’ right to a de novo hearing in discipline cases. The author describes the attributes that a union looks for in an arbitrator (and discusses the “blacklisting” of arbitrators), considers the consequences of court intervention in labor arbitration, and recommends legislation to preserve the process. Lewis Gill describes management’s view that, in discipline cases, “the employer’s judgment should be given heavy weight and only overturned if shown to be arbitrary or discriminatory.”