Originally from Dispute Resolution Journal

As collective bargaining agreements proliferate, public jurisdictions are increasingly acknowledging that a grievance procedure culminating in binding arbitration by an outside neutral is needed to achieve a satisfactory resolution of disputes. Differences nearly always arise over what provisions of an existing collective bargaining agreement mean and how they apply to individual situations. Arbitration of such disputes, short of the use of pressure tactics, is a prominent feature of private sector labor relations, and provides the kind of equitability that public employees can similarly identify with. While there are key points of distinction in grievance arbitration systems in the private and public sectors, there is much sameness. Uniqueness stems from applicable law.

The purpose of this article is to examine three issues that arise over the use of grievance arbitration in public employment: 1) legality of the arbitration function, 2) arbitrability of issues, and 3) scope of the arbitrator's authority. Of interest will be comparison of private sector with public sector policy and practice on these issues, as affected by statutes and court and administrative agency rulings.