The Development of Judicial Arbitration in Labor-Management Disputes

The 1960 Agreement between the West Coast Longshoremen's Union and the Pacific Maritime Association did change an old established working condition. The longshoremen yielded long-established working rules governing size of gangs and severely restricting labor-saving methods and equipment in cargo handling, in exchange for a mechanization fund of $5 million annually for five and a half years.

“Major Collective Bargaining Agreements,” Arbitration Procedures, BLS No. 1425–6, 1966, p. 5.

These statistics are taken from Professor Irving Bernstein's study of labor union membership as reported in “The Growth of American Unions,” American Economic Review, June 1954, pp. 301–318.

The European Executive (Anchor Books, Doubleday & Co., Inc., 1962), pp. 174–175.

Ibid, p. 178.

“Job Protection in France and Britain,” Labor Law Journal (Chicago: Commerce Clearing House, Inc.), July 1962, p. 574. (In Japan also the employment relationship of those who have gained the status of permanent employees is guaranteed by law, and they cannot be laid off or discharged so long as the firm remains in business.)

Management Rights and Union Interests (New-York: McGraw-Hill Book Co., Inc., 1964), p. 20.

“Grievance Settlement in Western Europe,” Proceedings of the Fifteenth Annual Meeting, Industrial Relations Research Association (Madison, Wis.: 1963), pp. 26–27.

Forsythe E. J. , “Collective Bargaining in Western Europe,” Labor Law Journal, Nov. 1963, p. 931.

Bernstein , op. cit., p. 304.

“Justice, the Law, and the Lawyer,” Saturday Evening Post, Feb. 26, 1966, pp. 36–37.

Ibid.

Inland Steel v. NLRB, 1937.

Interests disputes are concerned with the negotiation or modification of the terms of a collective agreement. They are unresolved issues in contract negotiations. Rights disputes arise during the term of a written binding agreement and involve the interpretation and application of that agreement. The vast majority of arbitrations are over “rights” rather than “interests.”

The Labor Arbitration Process (Urbana, Ill.: University of Illinois Press, 1965), p. 19.

“Collective Bargaining Developments,” Labor and the New Deal, Derber Milton Young Edwin , eds. (Madison, Wis.: University of Wisconsin Press, 1957), p. 354.

“Effectuating the Labor Contract Through Arbitration,” The Profession of Labor Arbitration (Washington, D.C.: Bureau of National Affairs, 1957), p. 20.

Leiserson William M. , “Constitutional Government in American Industries,” American Economic Review Supplement, March 1922, p. 65.

Killingsworth Charles C. Wallen Saul , “Constraint and Variety in Arbitration Systems,” Labor Arbitration—Perspectives and Problems (Washington, D.C.: Bureau of National Affairs, 1964), p. 60.

Steelworkers v. Enterprise Wheel and Car Corp., 363 U.S. 593,597, 46 LRRM 2423 (1960).

Straus Donald B. , “Labor Arbitration and Its Critics,” The Arbitration Journal, XX:4 (Winter 1965), 197–198.

Ibid., 206.