NCJ Number
96711
Journal
Northwestern Volume: 77 Issue: 3 Dated: (1982) Pages: 270-315
Date Published
1982
Length
46 pages
Annotation
The article proposes that the resolution of grievances through arbitration be substantially replaced by the resolution of grievances through a particular type of mediation.
Abstract
This would enable employers and unions to accomplish more satisfactorily the goal of resolving disputes in a speedy, inexpensive, and informal fashion. Under the method proposed, the parties would have the option of resorting to mediation rather than going directly to arbitration after the final step of the internal grievance procedure. Because grievance resolution through mediation is nonadjudicatory, there is no need for a written decision. Cost and delay involved in obtaining such a decision are eliminated. Because the model avoids the formalities of arbitration, it should be more satisfactory to employees. The absence of adjudication requires that employers and unions seek a mutually acceptable resolution, rather than turning their grievances over to a third party for decision. If carried on regularly, this process may improve both the parties' ability to settle grievances and their overall relationship. The discussion examines the likelihood that mediation can resolve grievances without unduly discouraging resolution at an earlier stage of the grievance process. It concludes with a consideration of other issues posed by grievance mediation, including the suitability of various types of grievances for mediation, the process by which mediation should be involved, a comparison of mediation and expedited arbitration, the legal consequences of grievances resolution through mediation, and the effect of mediation on the contractual rights of employees. The article provides 149 footnotes.