Originally from Dispute Resolution Journal

Not all employers in industry approach arbitrability in precisely the same way. Academia is no different. Variations exist. But there are clear central thrusts that highlight the differences between private industry and higher education in dealing with arbitrability in the labor-management context. In industry, for example, there is a central tendency enabling management to impose an unpaid suspension or discharge without having to await a sanctioning arbitration award. In academia, such disciplinary actions cannot be implemented without some form of hearing and peer review. And if the matter goes to arbitration, implementation of the penalty must await a finding of "just cause." These differences highlight the need for careful review of both traditional industry dispute resolution procedures and more rigid practices of collegial governance.