Preview

grievance

Powerful Essays
Open Document
Open Document
2615 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
grievance
Arbitration in United States law is a form of alternative dispute resolution; a legal alternative to litigation whereby the parties involved in a dispute agree to submit their respective positions through an agreement or a hearing held in front of a neutral third party often known as an arbitrator for a resolution to the disagreement. In general, arbitration is used as a substitute too the legal systems, particularly when legal processes are viewed as slow, expensive or biased. Arbitration is also used by communities that may lack formal law. Arbitration can also serve a distinct purpose: such as an alternative to strikes and lockouts as a means of resolving labor disputes. Labor arbitration comes in two varieties: interest arbitration, which provides a method for resolving disputes about the terms to be included in a new contract when the parties are unable to agree and grievance arbitration which provides a method for resolving disputes over the interpretation and application of a collective bargaining agreement (SECLaw.com) 2000.
In 1925 Congress passed the Arbitration Act establishing the right of parties to a contract to specify the processes to be used to resolve disputes over the interpretation or implementation of the contract (Fosum, J. A.) 2012.
The following are forms of arbitration:
• Grievance arbitration- is a quasi-judicial process where a neutral third party hears a dispute over contract interpretation, discipline or discharge and renders a final and binding decision (B. Fortado). Labor organizations in the United States, such as the National Labor Union, called for arbitration as early as 1866 as an alternative to strikes so as to resolve disputes over the wages, benefits and other rights that workers would enjoy.

GA 2

Governments have also relied on arbitration to resolve particularly large labor disputes, such as the Coal Strike of 1902. This arbitration utilized a neutral arbitrator to decide the terms of the collective bargaining

You May Also Find These Documents Helpful

  • Good Essays

    The arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. Arbitration may be voluntary or mandatory. ( naca.net)…

    • 527 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Arbitration is a relatively fast way to arrive upon a decision when two parties are in a dispute. Arbitration has definite benefits such as being flexible and not as formal as a traditional courthouse. Usually, arbitration can be scheduled quicker and with less working parts than a trial. In rare instances, if all parties involved come to an agreement, arbitrators can sometimes create rulings that judges are not allowed to decide. In arbitration, both sides present all evidence to an arbitrator in efforts to prove each side’s case. The arbitrator reaches a final verdict and decides whom the winners and losers are. An arbitrator does the job that a traditional judge or jury would normally do in court if the matter escalated to that point (Hill…

    • 997 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    In your grievance filed at Meadows Unit, you claim you are being denied incoming mail addressed to your alias Robert Allen Eidson. You further assert this is being done in retaliation. Your resolution is to receive mail that is addressed to your name, as well as your alias.…

    • 207 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Mgt441 Assignment 4

    • 652 Words
    • 3 Pages

    “Arbitration is a quasi-judicial process in which parties agree to submit unresolved disputes to a neutral third party for binding settlement”(Fossum, 2015, p. 509). The topics of arbitration are the interest and rights of each party. Understanding the contract or the terms of the contract seems to always be a subject when arbitration is involved. One party views a matter one way while another understands it another. Both mediation and arbitration have the same goal at hand, to bring a settlement to the disruptive…

    • 652 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Kauffman T M1 A3

    • 943 Words
    • 3 Pages

    The Federal Arbitration Act controls both the federal and state level laws. Regardless, if the dispute is international or domestic, it is held by a single standard. This particular act does not expound the arguments subjected to arbitration. Both sides must agree of said arbitration when setting the foundation as it is written in this act. The determination is to coerce the account for the arguments handled in the state 's legislative accomplishments.…

    • 943 Words
    • 3 Pages
    Powerful Essays
  • Better Essays

    Mediators do not give a final verdict on the case, but only serve as a resource of understanding between both parties. In the case that there is not an agreement, the parties can look to other avenues to resolve the legal issue, whether that be another ADR option, or court. In the same manner, Arbitration also uses a third party to handle disputes. When each party agrees to arbitration, usually an expert in the field is called to facilitate the process. Their responsibility is to listen to what each side has to present, and based on the evidence and information, provide a verdict for the case. Some of these cases can be binding meaning that a decision made by the arbitrator is final. In any other instances, if the case is not binding, then either party has the right to go to court if the verdict is not satisfactory (Arbitration and mediation, n.d.). Sometimes I hybrid version of these two processes, known as Med-Arb, may be the best approach. At the beginning of the process a mediator is established, but if an agreement cannot be reached through mediation, then the mediator takes position as an arbitrator and imposes a binding decision for…

    • 1151 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Coal Miners Dbq

    • 223 Words
    • 1 Page

    Throughout the end of the 19th century, coal miners tried to Unionize. They believed this protected them from management. In 1902 Anthracite coal miners began a strike which divided the nation. This strike greatly influenced American labor relations for a generation. The coal miners union still struggled to be recognized. Management refused to recognize the Union. They believed it trampled on their rights to run their business any way they please. However the union undertook the dangerous task of organizing coal miners. In 1902 they decided to strike for the miners’ job security. The Union further sought to improve the miners’ standard of living. With the help of J.P. Morgan, the federal government established a commission to settle, and hopefully…

    • 223 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    In the event that the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be settled within 48 hours after the mediator has been appointed, the dispute will be referred and resolved through arbitration. This clause will be enforced for members who denied mediation and members who were unable to reach an agreement during mediation. The mediator will not be allowed to serve as the arbitrator in arbitration, due to possible bias being present because of intimate information received during mediation. The role of arbitrator will be appointed by all team members, excluding persons with previous or current involvement in the dispute. The arbitrator’s decision shall be final and binding. In the event that a member fails to proceed with arbitration, challenges the…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Non Grievance Procedure

    • 267 Words
    • 2 Pages

    Having a grievance procedure is a reasonable way for inmates to formally voice any problems or concerns that may arise during the time of their incarceration. They can also be instrumental in resolving many complaints and correct any problems that might be present within state facilities, private prisons, county prisons or transitional centers. Having a good grievance procedure also minimizes the probability of a successful frivolous civil law suit against an institution should an inmate decide to initiate one.…

    • 267 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    A Permanent Arbitrator or Umpire is an arbitrator who will resolve all disputes during the life of a labor agreement. This permanent status allows the arbitrator to become intimately knowledgeable about the industry, the company, and the union, and helps in providing a stable union-management relationship. The arbitrator’s jurisdiction evolves from the collective bargaining agreement, with most arbitrators being selected on an ad hoc basis. With the ad hoc basis, the arbitrator is selected on a case-by-case basis, which provides flexibility in the use of different arbitrators in addressing specific grievance issues.…

    • 942 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Mod 6 Martin

    • 323 Words
    • 2 Pages

    b) Arbitration and Mediation is different in that it involves and seeks to find a…

    • 323 Words
    • 2 Pages
    Powerful Essays
  • Powerful Essays

    The American Grievances

    • 1665 Words
    • 7 Pages

    Were all the American grievances really justified, or were the British actually being more reasonable than most Americans have traditionally believed?…

    • 1665 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Why is this? A arbitration between a union and employer can get very nasty and take a very long time to settle. It could take months or even years that can take a toll on your life, body and mind. This can also lead to more stress, less sleep, and not able to perform your job to the best of your abilities. The complexity between the two would be far greater than any of parties would imagine.…

    • 224 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Frustrated" employees represent a real lost opportunity for organizations. From a motivational perspective, organizational leaders have these employees where they want them. But when it comes to ensuring that they are as productive as possible, organizations are missing out. Worse yet, frustrated employees are unlikely to persist in that state over the long term. Where strong motivation to succeed is not paired with similar levels of support, employees are likely to either tune out (i.e., become increasingly disengaged) or drop out (i.e., leave in search of work environments where their high levels of motivation can be put to better use).…

    • 1284 Words
    • 6 Pages
    Good Essays

Related Topics