NCJ Number
93982
Date Published
1982
Length
265 pages
Annotation
This book analyzes the corpus of the public jurisprudence of statutory and case law, practice and policy that has evolved in determining grievance arbitration procedure in public education. It recommends guidelines for the improvement of grievance arbitration in education.
Abstract
A discussion of the historical development of grievance arbitration covers arbitration in both the private and public sectors. The legal framework of grievance arbitration examines Federal legislation, court decisions, and constitutional requirements; State legislation and court decisions; and private procedural rules. Constitutional rights and issues are discussed in terms of due process requirements, civil rights violations, the right to arbitration, and the scope of access to the arbitration procedure. Also considered in this section are the prohibition against harassment for use of grievance arbitration, arbitrator's right to rule on constitutional issues, right to representation, right to be present at arbitration hearing, specific procedural rights, and duty of fair representation. Preliminary procedural issues considered include definition of a grievance, stages of the grievance procedure, proper use of the grievance procedure, appropriate parties to the procedure, and group grievances. Technical procedural requirements, confidentiality, prehearing grievance settlements, notice of intention to arbitrate, and parties' cancellation prior to hearing are also explained. Additional chapters look at jurisdictional authority of the arbitrator, the arbitration hearing, remedies, and arbitration awards (their vacation and confirmation). Footnotes and a 21-page bibliography are included. Appendixes include voluntary and expedited labor arbitration rules.