Introduction to Labor Arbitration - Chapter 1 - Fundamentals of Labor Arbitration
Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.
Rocco M. Scanza is an attorney, arbitrator and mediator of labor and employment disputes. He is also the executive director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national vice president at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Jay E. Grenig is a professor of law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written numerous books and articles.
Originally from Fundamentals of Labor Arbitration
Collective bargaining has flourished in the United States as a method of resolving issues relating to the conditions of employment. National labor laws have encouraged this process. For settling disputes over the interpretation or application of collective bargaining agreements, unions and employers have agreed to procedures that usually take the form of joint grievance discussions terminating in arbitration if the discussions do not produce a resolution of the grievance. Grievance arbitration procedures are found in most bargaining contracts. Hundreds of thousands of labor disputes have been resolved using labor arbitration with limited judicial intervention. Arbitration is a method of dispute resolution in which the parties to a dispute submit the dispute to an impartial person or persons known as arbitrators. In arbitration, an arbitrator makes a decision based on the evidence and arguments presented by the parties at the arbitration hearing.
As an impartial dispute resolution organization that administers labor and other forms of arbitration proceedings, the American Arbitration Association wants the arbitration process to be fair and efficient. Accordingly, it encourages parties to help make arbitration work more efficiently and in a cost-effective way. Used intelligently and prudently, labor arbitration can continue to serve the needs of unions, employees and employers. Not only can it resolve disputes, it can improve communication between union leadership and management and between employees and employers.
1:02 Types of Arbitration--Binding and Advisory Arbitration
1:03 Types of Arbitration--Voluntary and Compulsory Arbitration
1:04 Types of Arbitration--Grievance and Interest Arbitration
1:05 Types of Arbitration--The Hybrid Called Med-Arb
1:06 Arbitration Compared with Other Dispute Resolution Methods
1:07 The Case for Arbitration
1:08 Common Mistakes that Reduce the Effectiveness of Arbitration
1:09 Controlling the Costs of Arbitration
1:10 The Need for Training