The Arbitration of Rights Disputes in the Public Sector

Designed specifically for labor management advocates and their clients in the public sector, this book is a comprehensive yet practical guide to the arbitration of grievances in public employment. The authors, both experienced arbitrators themselves, offer step-by-step advice on the preparation and presentation of arbitration cases and provide a detailed description of effective grievance resolution through the effective use of the grievance procedure. Written in a style accessible to those without substantial academic training in labor relations law, the volume's purpose is to equip the practitioner to represent his or her respective constituents effectively in the private system of industrial jurisprudence. Although it focuses particularly on grievance administration and arbitration in state and local government, the concepts and techniques presented are equally appropriate for those working in the federal or private sectors.

Following an introduction, the authors review various state bargaining statutes governing the arbitration of grievance disputes and look at the grievance process as a prelude to arbitration. They go on to examine the institution of arbitration, focusing primarily upon the administrative agencies, the arbitrators, and the legal environment within which labor relations advocates must work. Subsequent chapters treat procedural and evidential issues common to arbitration, the arbitration of discharge and disciplinary matters, contract interpretation issues, and the decision making of neutrals and what can or cannot reasonably be expected of arbitrators. In their conclusion, the authors make the case for rights arbitration as the preferred method of dispute resolution. Five appendices contain information critical for the practitioner not normally available in a single source: the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes; the Rules of the American Arbitration Association and the Procedures of the Federal Mediation and Conciliation Service; and sample arbitration awards issued in real-life cases.

CLARENCE R. DEITSCH is Professor of Economics at Ball State University and an active arbitrator. He is the author of three other books on labor management relations topics and the coauthor of over thirty articles appearing in such publications as The Journal of Labor Research and The Arbitration Journal.

DAVID A. DILTS is Professor of Business and Economics at Indiana University, Fort Wayne. His articles have appeared in Management Science and The Journal of Labor Research, and his previous books include Collective Bargaining and Impasse Resolution in the Public Sector (Quorum, 1988).