Abner J. Mikva
March 16, 1992 Proceedings Database
President Anderson provides a brief historical survey of labor arbitration in the United States, both grievance and interest, and cautions arbitrators to discharge so as not to overlook or ignore the material facts, or the contract, or the applicable law, and to perform their work carefully, correctly and ethically.
An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons other than those raised by Paul Weiler [see 1985, page 37] for the decline in the unionized workforce. (Includes table of automotive/UAW wage increases 93-94.)
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.