TITLE

Arbitration, Arbitrators, and the Public Interest: Reply

AUTHOR(S)
Horton, Raymond D.
PUB. DATE
October 1977
SOURCE
Industrial & Labor Relations Review;Oct77, Vol. 31 Issue 1, p76
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the author's views on arbitration and arbitrators. Economist Joseph Krislov argues in his comment that interest arbitration is consistent with political democracy, also, he warns repeatedly that we should refrain from changing the present system of recruiting and selecting interest arbitrators. Apart from the failure to explain who 'we' are, Krislov's comment is an able attempt to defend some orthodox assumptions about public sector labor relations in general and interest arbitration in particular. The essential weakness running throughout Krislov's comment is his failure to understand that the basic function of interest arbitration is not to produce awards that are acceptable to the parties but rather to perform the political act of allocating public resources that the parties themselves were unable to perform through collective bargaining. Krislov's continuum theory of delegation has a nice logical ring to it. The inability to perceive that social processes often perform different functions than are popularly assumed is common and particularly understandable in this case, because interest arbitration is a relatively new phenomenon.
ACCESSION #
4455069

 

Related Articles

  • Theories of the Future of Industrial Relations. Bairstow, Frances // Labor Law Journal;Aug73, Vol. 24 Issue 8, p572 

    This article discusses the theories of the future of industrial relations as applied to Canada. As of 1973, contrary to most labour relations practice and public policies of the past, Canada in the field of public service labour relations is not following the U.S., but is in fact leading the...

  • Arbitration, Arbitrators, and the Public Interest: Comment. Krislov, Joseph // Industrial & Labor Relations Review;Oct77, Vol. 31 Issue 1, p71 

    The article focuses on the author's views on arbitration and arbitrators. A major thrust of economist Raymond D. Horton's is that interest arbitration is inimical to a basic precept of political democracy, namely, that authoritative political decisions should be reached by government officials...

  • Interest Arbitration Revisited. Kruger, Daniel H. // Labor Law Journal;Aug85, Vol. 36 Issue 8, p497 

    The article focuses on interest arbitration in the United States. Michigan's public employees were first accorded collective bargaining rights in 1947 by the passage of the Hutchinson Act. Under this act, public employees in Michigan were allowed to "meet and confer" with public employers to...

  • First Contract Arbitration in Canada. Sexton, Jean // Labor Law Journal;Aug87, Vol. 38 Issue 8, p508 

    The article focuses on the practice of first contract arbitration in Canada. A history of the first contract arbitration in Canada is provided. The author explains that first contract arbitration is a form of interest arbitration designed to resolve a dispute in the case of the negotiation of a...

  • Attitudes of Arbitrators toward Final-Offer Arbitration in New Jersey. Weitzman, Joan; Stochaj, John M. // Arbitration Journal;Mar1980, Vol. 35 Issue 1, p25 

    In 1977, New Jersey implemented Chapter 85, commonly known as the Fire and Police Arbitration Act. The act provides for final-offer arbitration, with the arbitrator considering the whole package of economic items and making judgments on an issue-by-issue basis for noneconomic items. The...

  • Grievance Arbitration in Public Employee Disciplinary Cases. Fischbach, Charles P. // Labor Law Journal;Dec71, Vol. 22 Issue 12, p780 

    This article examines the enforceability of contract grievance arbitration provisions and the available alternatives to public employees under laws governing the employment rights of public employees in the United States. The key issue in most of the legal cases involving arbitration in the...

  • Political Aspects of Public Sector Interest Arbitration. Grodin, Joseph R. // California Law Review;May76, Vol. 64 Issue 3, p678 

    Examines the impact of binding interest arbitration on the political process. Situations in which arbitrators are making social policy decisions that are reserved for elected or appointed officials; Changes which may make the arbitration process more politically responsive.

  • The Donovan Report on British Industrial Relations Reform.  // Monthly Labor Review;Aug68, Vol. 91 Issue 8, p44 

    Presents an excerpt from the report of Great Britain's Royal Commission on Trade Unions and Employers' Association about industrial relations reform. Collective bargaining; Creation of legislations about industrial relations; Arbitration.

  • COMMENT on "First Contract Arbitration in Canada" (Jean Sexton). Beaumont, P.B. // Labor Law Journal;Aug87, Vol. 38 Issue 8, p515 

    The article comments on Jean Sexton's article about first contract arbitration in Canada. The author used as reference point some analysis and findings of the experience with statutory union recognition provisions in Great Britain. A detailed analysis of the experience of the years 1976-1980...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics