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Experiment in the Mediation of Grievances

NCJ Number
94856
Journal
Monthly Labor Review Volume: 106 Dated: (March 1983) Pages: 23-30
Author(s)
S B Goldberg; J M Brett
Date Published
1983
Length
8 pages
Annotation
Under the aegis of the U.S. Department of Labor, analysts examined the merits of grievance mediation relative to arbitration in the coal mining industry, a frequently combative labor-relations environment.
Abstract
United Mine Workers of America Districts 28 (Virginia) and 30 (eastern Kentucky) along with the nine major coal mine operators in those districts were invited to participate in a mediation experiment. During the 6-month experimental period, data were collected on the rate of final resolution at mediation; congruence between the mediator's advisory decision and the arbitrator's final and binding decision in those grievances that went both to mediation and arbitration; mediator techniques; cost and time of mediation; nature of the issues involved; and attitudes toward mediation of the parties' grievance representatives and the miners whose grievances had been mediated. To compare mediation with arbitration, similar data relevant to arbitration were collected from both participating and nonparticipating employers in the experimental districts both during the experimental period and for the two 6-month periods that preceded it. Of 37 grievances submitted to mediation during the experimental period, 32 were resolved. On average, mediation consumed only about one-fourth the time and cost normally required to obtain the final resolution of a grievance in binding arbitration. Persons directly involved in the test were positive about the experience. A majority of the company labor relations personnel, union grievance representatives, rank-and-file miners expressed satisfaction with every aspect of mediation and a preference for mediation over arbitration as a means of dispute resolution. Tabular data and 24 footnotes are provided.

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