The author presents data revealing that current labor arbitration procedures derive not from statutes, court decisions or the common agreement of the parties, but from (1) the arbitrators before whom the cases were presented; (2) the World War II-era War Labor Board; (3) the National Academy of Arbitrators (NAA); (4) the publication of proceedings of …

The authors conclude that the NAA is an organization in decline, based upon their survey of arbitrators and their analysis of relevant literature. They observe that the organization is resistant to change; lacks a strategic plan; and presents itself to the public through a poorly designed website. The advantages and disadvantages of maintaining the status …

Preliminary results from a survey of the National Academy of Arbitrators dealing with the growing use of arbitration and mediation in employment disputes

President Harkless notes the changes that are taking place in labor and employment arbitration; considers the conclusions reached by Dennis Nolan in his paper on the possible future composition of the Academy (see chapter 3 in this volume), but departs from Professor Nolan on the efficacy of including, as members, arbitrators who deal primarily with …

The author furnishes a brief history of the development of collective bargaining in the United States, observes the decline in the organized labor movement since the late 1970s, enumerates the causes of that decline, and forecasts continued decline absent reform of the governing legal framework (a prospect he views as “modest to slim”). He foresees …

The author asserts that the labor movement is at a crossroads and not on its deathbed, and that greater emphasis on organizing and strategic and coordinated bargaining campaigns may prove successful. Increased inequality of wealth distribution favors a resurgence of the labor movement. Public opinion may support labor law reforms. Arbitrators cannot honorably render employment …

Attorney Clark observes the growth of unionization in the public sector and contraction in the private sector, and the reasons for each. He concludes that the landscape has changed in ways that aren’t going to be reversed, that the NAA should maintain its primary emphasis on disputes arising under CBAs, but that the Academy should …

Professor Nolan presents a history of labor arbitration and of the National Academy (including the recent decline in membership) and the rise in employment arbitration. He describes three alternatives for the Academy’s future: 1. continue to confine membership to labor arbitrators, 2. include employment arbitrators and members (“The National Academy of Labor and Employment Arbitrators”), …

President Jones reviews the history of the Academy’s efforts to serve as an educational source for arbitration.

Survey results are presented and recommendations made regarding the role of the Academy in the development of employment arbitration, the mediation of grievances and interest disputes, and wrongful termination.