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The Development of Judicial Arbitration in Labor-Management Disputes
Prasow, Paul , and Edward Peters
9/3  (Spring 1967): 7-16

In the U.S. more than twice as many unfair labor practice charges are filed with the National Labor Relations Board (NLRB) by Unions against employers than are filed by employers against unions. The obvious reason for disparity is that the employers act and the unions react. The employers seldom go to NLRB and ask permissions to make changes affecting wages, hours and working conditions. He simply calls the attorney and seeks the advice and given the pros and cons, it is up to the employer to decide, which way to proceed. In case he anticipates opposition, he may consult with the strong and militant union representative, to win them over. If however, union withholds its objection, the employer is free to inaugurate the proposed changes unilaterally. The burden then shifts to the union to file charges with NLRB or to invoke arbitration. The article establishes that though consensus arbitration still pays a useful role, most arbitration today is judicial in nature and is guided by collective agreements and past practices.

 

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