Arbitrators as mediators

Article Abstract:

Some arbitrators initially will try to mediate a labor dispute, turning to arbitration only when the grievance cannot be settled through mediation. The practice represents a return to George W. Taylor's view of arbitration as an aspect of collective bargaining, rather than I. Noble Braden's view of it as an adjudicative procedure. The trend toward mediation is supported by the development of cooperative rather than adversarial relations between labor and management. Advocates should be aware of the implications of mediation as it affects both selection of arbitrators and the process of arbitration.

Methods, Labor arbitration

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Legislation on non-statutory claims in dismissals: a proposal whose time has come... again... and again...and again

Article Abstract:

A system built on the standard of just-cause and operating by alternative dispute resolution should govern the dismissal of non-unionized employees. Such a system provides the labor movement with the best chance to organize that it has had in a long time. Federal Mediation and Conciliation Service rules would manage the system efficiently but there need only be a specification that these rules are available if the employee desires. Remedies should be limited to the non-punitive ones.

Laws, regulations and rules, Employee dismissals, Employment terminations, Employment at will

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The appointment of grievance arbitrators by state and local agencies

Article Abstract:

The results of a survey of state and local agency data related to agency requests for lists of grievance arbitrators are discussed. The activity levels of the state and local agencies are compared to those of the American Arbitration Association and the Federal Mediation and Conciliation Service.

United States, States, Local, Management, Surveys, Administrative agencies, Government agencies, American Arbitration Association, United States. Federal Mediation and Conciliation Service

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