Chapter 12: The Arbitration Process

Selection of the Arbitrator

- Both labor and management pay arbiter fees and arbitrator is not a random person from the outside. - The arbiter is chosen by the management and labor side together. They can view if this person has previous experience with similar cases and their reputation.

steelworkers trilogy

3 cases in 1960s that showed that arbitration was the way to solve grievances without judicial intervention.

Arbitration

A process in which the parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding.

FAA

Federal Arbitration Act or US Arbitration Act Arbitration process for interstate commerce Business processes like: - Business to business - employer - employee - buyer- seller

LMRA

Labro Management relations Act Provides the grounds for the arbitration process for collective bargaining agreements.

lincoln mills case

Supreme Court decision that said that employer must engage in arbitration, because that's a trade off for union not to strike.

past practice

a recognition of the bargaining history of the two parties involved in a dispute to determine their respective rights in arbitration.

common law of the shop

a recognition of the bargaining history of those in the same industry to determine the respective rights of the parties involved in a labor dispute.

Tripartite Arbitration Board

an arbitration board composed of one or more members representing management, an equal number representing labor, and a neutral member who serves as chairperson.

arbitrator's award

an arbitrator's decision in a grievance case, presented in written format and signed by the arbitrator. Examples of awards are back pay and reinstatement of job or benefits.

Parol Evidence

evidence that is not contained within the found edges of the collective bargaining agreement but which may be considered by the arbitrator to interpret terms of the agreement and find or clarify ambiguities within the agreement.

double jeopardy

from criminal law a person can't be punished for the same offense twice based on the same conduct.

qualities of arbiter

impartial integrity ability and expertise legal training - ofter lawyers are arbitrators

OAS

office of arbitration services provides an arbitrator for the case

Interest Arbitration

resolves the conflict by a neutral third party that makes a binding decision. Establishes a term and conditions and a contract. This avoids or ends strikes. Both parties sit down and create a contract with a third party making the decision.

arbitrability

the challenge of deciding if both parties are willing to take the issue to an arbitrator. - if both parties submit a request for arbitration then there is not doubt that they both want arbitration. - but if only one party submits a request for arbitration then a court might be involved in the case if the other party does not want arbitration. - one party may challenge the other and say that they either want the other party to participate in arbitration or they don't want to continue.

Rights (or grievance) arbitration

to settle a dispute that is occurring over a current contract (not attempting to make a new contract) They submit the current contract and the dispute they are having to an arbiter and arbiter then makes a decision (and interprets the contract) that is binding. Arbiter considers the rights of each party when making a decision.