An examination of the factors that influenced the growth of arbitration in the United States, trends in arbitration, and permanent arbitration systems. The author concludes that the American system of voluntary grievance arbitration is the one aspect of our industrial relations system that is widely accepted by labor, management, and the public.
The author identifies ten precepts that although are now uniformly accepted in private grievance arbitration, were once vigorously disputed. Among them is the notion that an employee should obey now and grieve later, that new evidence and new contentions should not be introduced at arbitration. However, now that private grievance arbitration is an established, even …
The author presents management’s view of how arbitration and arbitrators are seen to have strayed from what the parties have mutually invited them to do. The author discredits the notions of the labor contract as an employment contract and the recognition clause as an implied limitation on management action.
A discussion of the creative adaptation of collective bargaining to scientific and technological change. Professor Cox emphasizes the need to scrutinize (industry by industry) different procedures for different kinds of disputes, and the need for arbitration awards to be rooted in the collective agreement and the law of the plant.
The author explores two major lines of criticism of the labor arbitration process: The cost – time-lag – formality problem, and the management rights problem. The author discusses the alternatives to arbitration, such as slow-down, strike, lockout and labor courts.