NCJ Number
94155
Date Published
1973
Length
640 pages
Annotation
This comprehensive text uses actual arbitration cases to explain procedural and substantive aspects of the arbitration process in labor-management relations, with attention to common questions and problems that confront parties and their arbitrators.
Abstract
An overview defines arbitration, discusses its advantages over litigation, and identifies professional arbitration associations. The text briefly considers the role that Federal and State laws play in arbitration and factors to consider when deciding whether to arbitrate a particular dispute. Types of tribunals available for parties who wish to arbitrate are reviewed. The book then analyzes all aspects of the grievance procedure, emphasizing that no case should be taken to arbitration until all possibilities of settlement at this stage have been exhausted. Challenges to the arbitrability of a dispute are examined, as are basic arbitration procedures and techniques. Subsequent chapters address the flexible application of rules of evidence in arbitration proceedings, standards for interpreting contract language, arbitrators' use of substantive rules of law, and the use of prior awards as precedents. The authors explore the introduction of custom and past practice to provide guidance on matters not covered in a contract or to clarify ambiguous language. The book devotes considerable coverage to these major issues in arbitration: management rights, seniority, discharge and discipline, safety and health, and employee rights and benefits. The final chapter outlines standards in the arbitration of 'interests' disputes, many of which were developed by the National War Labor Board. Footnotes and an index are included.