Exploring Pros & Cons of Grievance Arbitration in Labor Disputes

This essay delves into the advantages and disadvantages of grievance arbitration, a process used to resolve disputes arising from the interpretation or application of collective bargaining agreements (CBAs). It argues that while grievance arbitration offers benefits such as cost-effectiveness, speed, and privacy compared to traditional court trials, it also has drawbacks like limited appeal options and potential bias. The essay explores the role of a third-party arbitrator in facilitating resolutions and considers the implications for labor relations. It also contrasts grievance arbitration with interest arbitration, highlighting the differences in their objectives and processes. Ultimately, the essay concludes that grievance arbitration, despite its limitations, remains a valuable tool for resolving labor disputes, but its effectiveness depends on the specific circumstances and the parties' willingness to engage in good-faith negotiations.

Running head: PROS AND CONS OF ARBITRATION
Pros and Cons of Arbitration
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PROS AND CONS OF ARBITRATION
Executive Summary
The report in engraved with the pros and cons that the parties witness while grievance
arbitration. There are various pros and cons that the parties view while taking up arbitration.
The paper is a brief description of the grievance arbitration and its advantages and
disadvantages.

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PROS AND CONS OF ARBITRATION
Table of Contents
Introduction................................................................................................................................2
Discussion..................................................................................................................................2
Conclusion..................................................................................................................................3
Reference list..............................................................................................................................4

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PROS AND CONS OF ARBITRATION
Introduction
The procedure where the labors come to an agreement or contract or collective
bargaining settlement (CBS) of a grievance relating to the exploitation of the collective
bargaining agreement (CBA) is grievance arbitration. The paper produces three arguments on
the aspect that why grievance arbitration should continue in the existing system and three
arguments that grievance arbitration should be replaced.
Discussion
The grievance arbitration is commonly used for resolving the issue of disagreement
between two parties. The process where the union and employers resolve the disagreement
that is concerned with the interpretations or the application of a collective bargaining
agreement. The parties agree on the process with the submission of the CBA. The parties
need to appear for a hearing wherein they have to present their argument and evidence for the
supporting of the position on the dispute in CBA. The decision-making by the arbitrator is the
final decision for the binding of both the parties. To interpret the CBA, the decision can also
be precedential in the future. It is the mechanism used in resolving the CBA disputes in all
the sectors or industries or organizations.
In grievance arbitration, there is the third party the bits of help in the resolution of the
disputes. This is an advantage as often the existence of the third party provides a better and
impactful solution to problems, which is fair. Moreover, the solution obtained is faster than
the court date. The grievance arbitration is much less expensive. The fee paid to the third
party is much less compared to the fee paid to the experts for witnessing and testifying at
trials. Moreover, the preparation of the arbitration is much cost-effective than preparing for
trials. Arbitration takes place in privacy, unlike trials. Often parties of arbitrations do not
want to expose their case open to the public, thus it keeps things private (Curran, 2017).

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PROS AND CONS OF ARBITRATION
Arbitration also helps in the developing of the relationship between the two parties, so,
parties prefer privacy in the case in spite of open trials and making the dispute public.
However, grievance arbitration binds both parties and thus there is any chance of right
to appeal. There is hardly any chance or opportunity for the other party to correct what the
other party has decided. Whereas interest arbitration is arbitration, where there is a new or
next agreement prepared for a better solution for the dispute. The arbitration provides the
party a chance to present evidence, arguments, and data to support their position in a new
contract (Najita & Stern, 2015). There is no opportunity to cross-examine the testimonial,
thus often parties prefer trials instead of the cost-friendly method of arbitration, especially
parties that are economically strong. There can be a legal court, especially for the labors. The
introduction of the labor court enables the various processes of investigation, wherein there
can be provided certain information and documents for the fair decision of the parties. The
parties can be allowed to choose their particular arbitration according to their case to get a
fair result.
Conclusion
Thus, one can conclude that grievance arbitration has various advantages as well as
disadvantages. The parties are bind together, encouraging a better and enhance relationship
with the arbitration, whereas there can be situations where the parties cannot come to a
decision where there is a requirement of the trial court.

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PROS AND CONS OF ARBITRATION
Reference list
Curran, B. (2017). Event History Analysis of Grievance Arbitration in Ontario: Labour
Justice Delayed?. Relations industrielles/Industrial Relations, 72(4), 621-657.
Najita, J. M., & Stern, J. L. (2015). Collective Bargaining in the Public Sector: The
Experience of Eight States: The Experience of Eight States. Routledge.