The Analytics of Voluntary Arbitration: Contract Disputes

Although the parties to collective bargaining resort freely to grievance arbitration, they exhibit a marked aversion to arbitration of disputes arising in contract negotiation. Arbitration of contract disputes might be encouraged if the case for it were constructed in terms of the parties' own...

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Bibliographic Details
Published in:Industrial relations (Berkeley) 1967-10, Vol.7 (1), p.68-79
Main Author: STEVENS, CARL M.
Format: Article
Language:English
Subjects:
Arbitration, Industrial
Arbitration/Arbitrator
Bargain/Bargains/Bargaining
Collective/Collectives/ Collectivism/ Collectivist
Voluntary/Voluntarism
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Summary:Although the parties to collective bargaining resort freely to grievance arbitration, they exhibit a marked aversion to arbitration of disputes arising in contract negotiation. Arbitration of contract disputes might be encouraged if the case for it were constructed in terms of the parties' own self interests (as is true of the case for grievance arbitration) rather than, as now tends to be the case, in terms of the public interest. Those instances of tactical & strategical failure of the negotiation process in which resort to voluntary arbitration of contract disputes would be in the parties' own self-interest are discussed. An attempt is made somewhat to generalize the conventional distinction between justiciable & nonjusticiable disputes. The `peace treaty' approach to voluntary arbitration of contract disputes is discussed with exemplary reference to the Swedish newspaper industry. AA.
ISSN:0019-8676
1468-232X
DOI:10.1111/j.1468-232X.1967.tb01064.x