Saturday, July 27, 2019

Labor Arbitration Process Essay Example | Topics and Well Written Essays - 1500 words

Labor Arbitration Process - Essay Example Another common way of dispute resolution is mediation. It also involves the role of one mediator, but his role is more of a compromiser than a final decision maker. An arbitrator attempts to resolve a dispute by hearing from both management and workers to arrive an amicable solution, which is binding on both parties. The role of a mediator is facilitating the communication between deputed parties to find a solution by themselves in the presence of mediator. Rarely does the mediator exert pressure to accept a solution. Conciliation is another way out for labor problems, but it is more or less same as that of mediation. Today, arbitration is used worldwide as a mechanism of resolving labor problems, and indeed in many other areas. The common forms of arbitration can be defined as below (Arbitration and Mediation): "Compulsory arbitration is a dispute resolution that is required by law. Widely accepted in Australia and New Zealand, compulsory arbitration was practiced by the National War Labor Board during World War II. It is a binding process. Expedited arbitration is a process intended to speed up the arbitration process with an informal hearing and awards generally rendered within five days. It was first used in 1971 in settling disputes in the steel industry. Expedited arbitration was als6 designed as a cost-saving method of dispute resolution. Interest arbitration is the use of an arbitrator or arbitrator board to render a binding decision in resolving a dispute over new contract terms (also called non-justifiable arbitration). Final offer selection arbitration is an interest arbitration process in which the arbitrator or arbitrator board selects either the union or management proposal to the solution. There can be no compromised decisions. This process is also termed either-or arbitration. Tripartite arbitration is a process wherein a three-member panel of arbitrators is used to reach a decision. Both labor and management select an arbitrator and the third is selected by the other two arbitrators or the parties to the dispute as a neutral participant". This essay is an attempt to review the history and future of labor arbitration in the United States, about which there have been many misconceptions. The essay attempts to clarify this much debated issue in a simple and lucid manner and to give an idea about the role of labor arbitration in labor relations. Secondary sources such as internet alone is used to justify the main arguments. History of Labor Arbitration in the U.S. This is a much debates and controversial topic in the United States. There are many misconceptions about the evolution of labor arbitration process in the country. The history of arbitration as a dispute resolving mechanism dates back to English common law and is the oldest form of dispute settlement. There were many instances of the use of arbitration in olden days. Among them the most notable are- "King Solomon was an arbitrator and arbitration was used to settle differences during the Greco-Roman period. George Washington was an advocate of arbitration and, in his will, mandated using the process if disputes arose over his estate. The use of arbitration in labor disputes was a common practice in the late 19th century but developed more rapidly after World War II as a substitute for work stoppages. During World War II, the

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