Arbitration: Weighing Pros And Cons.pdf

Grievance arbitration is a process where a neutral third party makes a final and binding decision on a dispute between an employer and a union. It is used when the parties cannot resolve an issue through meetings in the grievance procedure. Arbitration can be used for disciplinary issues, such as a member's appeal of a disciplinary action, or for issues related to the interpretation and application of the collective bargaining agreement, such as a member not being granted overtime or a promotion due to a violation of the seniority clause.

The arbitration process involves the presentation of evidence and witnesses, and the arbitrator makes a decision based on the information presented. The decision is final and binding, and the only way to change it is to negotiate better language in the next contract. Arbitration can be an expensive and time-consuming process, and some arbitrators may not understand the workplace, leading to decisions that are not effective in resolving the issue.

Despite the potential drawbacks, arbitration can be a useful tool for resolving disputes between employers and unions. It can put the employer on notice that a member's rights have been violated and that the union's position has been sustained by an outside party. This can carry significant weight in other cases.

Locals should use the grievance procedure to its maximum advantage, including the final step of arbitration if necessary. Stewards should work to resolve issues with the immediate supervisor, but if arbitration is necessary, locals should be prepared and work with their officers, staff, and attorneys to be prepared and ready. The key to successful grievance resolution is to try to resolve issues at the lowest level possible.