Jack Clarke, John Kagel, Christopher James Albertyn, Kathy Peters
March 16, 2013 Proceedings Database
The author discusses current issues in interest arbitration, including the allocation of increasing health insurance costs, comparability criteria, retiree benefits, he use of med-arb, and the interest arbitration criteria that may pertain under the Employee Free Choice Act, should it become law.
The advantages and disadvantages – for the arbitrators and for the parties – of permanent umpire relationships. The historical genesis of such relationships is discussed; umpireships and ad hoc arbitrations are compared; and some of the authors’ memorable umpireships are described.
Interest arbitration in Canada is sufficiently similar to that in the U.S. so as not to warrant lengthy description. The author instead describes and comments on mediation combined with arbitration, as practiced in some major labor-management relationships in Canada. Her observations include the qualities that a mediator-arbitrator should possess.
Professor Gershenfeld’s observations about interest arbitration. He examines the criteria for making monetary decisions, scope problems in the non-monetary areas, the “coercive comparison,” and the role of “public interest” factors (e.g., the effect of a settlement in one part of an organization on other upcoming bargains in the same organization). The “arb-med tool” is discussed.