Whither arbitration?
March 16, 1991
Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving as a problem-solver as well as a judge – to the current formal and legalistic relationship, wedded to case precedent. The causes of this evolution are explored. Robert B. McKersie advocates that arbitrators offer their advice as to process – to serve as facilitators – presenting options when asked to do so by the parties. Theodore J. St. Antoine discusses the contribution that arbitrators and the Academy can make to the development of the process for cases dealing with external law, beyond union-employer-employee relationships.