Originally from Dispute Resolution Journal

The use of interest arbitration as a method for determining terms and conditions of employment and resolving new contract disputes in the private sector has been discouraged by various decisions of the National Labor Relations Board (NLRB) and the courts. The NLRB's rationale, according to the author, is not consistent with Supreme Court decisions regarding what constitutes a mandatory subject of bargaining.

He discusses these decisions and their implications for the future use of arbitration and suggests an alternative rationale that accommodates the concerns of the NLRB, while providing a policy consistent with Supreme Court decisions.