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NCJRS Abstract

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NCJ Number: 92198 Find in a Library
Title: American Labor Arbitration - The Early Years
Journal: University of Florida Law Review  Volume:35  Issue:3  Dated:(Summer 1983)  Pages:373-421
Author(s): D R Nolan; R I Abrams
Date Published: 1983
Page Count: 48
Type: Historical Overview
Format: Article
Language: English
Country: United States of America
Annotation: Contrary to the common view, labor arbitration developed in large part as a response to outside legal and political forces rather than as an autonomous effort by labor and management to develop a private dispute resolution system to keep the law out of their affairs.
Abstract: The outside influences were evident as early as the 1870's and 1880's, when many States established boards of arbitration. The same forces were at work when Congress passed legislation to prevent railroad labor disputes, when President Roosevelt created the Anthracite Board of Conciliation, and when both Federal and State governments moved toward compulsory arbitration during and after the First World War. However, once parties decided to use arbitration they had great freedom to structure the form, scope, and jurisdiction of their arbitration system. Moreover, the law seldom enforced and only rarely interfered with agreements made during arbitration. In this sense, labor arbitration can be said to be autonomous. However, a more widespread misconception is that the existence, widespread acceptance, and present form of labor arbitration date from the War Labor Board of World War II. In fact, well before the start of the war, labor and management were largely convinced that grievance arbitration could be mutually advantageous. Nearly three-quarters of all collective bargaining agreements contained arbitration clauses. Thus, the early history of American labor arbitration ended in 1941, when its modern history began. A total of 256 case notes are provided.
Index Term(s): Alternative dispute settlement; Arbitration; Labor relations
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