ABSTRACT

The dictum is that compulsory arbitration and collective bargaining are incompatible. This chapter reviews the traditional arguments and evidence, analyzes the renewed interest in and experience with compulsory arbitration, and offers some suggestions about structuring compulsory arbitration. Much has been written on the detrimental effect of compulsory arbitration as a method of impasse resolution on collective bargaining. Collective bargaining is essentially a legislative process where-by union and management attempt to arrive at the terms of a new agreement by resolving their differences. A closer look at some of the main factors contributing to the use and early success of compulsory arbitration in the United States may suggest the conditions and limitations of compulsory arbitration as a means of resolving labor relations disputes. The employees for whom compulsory arbitration has been made available as a terminal point to collective bargaining procedures share some common characteristics.