NCJ Number
102974
Date Published
1985
Length
39 pages
Annotation
Grievance arbitration, the settlement of disputes between employees and the administration by a third party, is increasingly being used in public education.
Abstract
Because all States have laws governing public-sector personnel and their working conditions, there are a number of obstacles to binding arbitration not found in the private sector. However, court rulings generally have supported the arbitration process; although some courts have limited the scope of arbitration so as not to subvert the nondelegatable powers of governing boards. To avoid confusion and later misunderstanding, the language of the grievance procedure should be negotiated carefully. Attention must be paid to such issues as the definition of 'grievance' and 'eligible grievant,' steps in the procedure (both informal and final) and time limits, selection of arbitrators, conditions of arbitration, and limitations on the arbitrators' authority. Although grievance arbitration has made a substantial contribution to school and college labor relations, problems related to expense, increasing legalism in the process, and a shortage of arbitrators have led to calls for reform. Two proposed reforms include the use of more informal expedited arbitration procedures and the use of problemsolving mediation approaches. 23 footnotes.