ERIC Number: ED217755
Record Type: Non-Journal
Publication Date: 1981-Dec
Reference Count: N/A
Arbitration in American Higher Education.
Clark, Bob Thompson, Ed.
Areas of concern related to grievance arbitration in higher education are examined. Selected arbitration awards, court and National Labor Relation Board rulings, and related literature are reviewed, and probable patterns and trends in arbitration are identified. Potential conflicts between collective bargaining and collegiality (self-governance) include: the variety of institutional types and variations in tenure systems, governance patterns and policies, and institutional missions; the fact that bargaining is essentially a bipartisan system while usual institutional governance processes almost always involve more than two parties; and the difficulty in identifying and defining the employer for the purpose of bargaining. Grievance procedures constitute the method by which disputes concerning application and/or interpretation of collective bargaining agreements are resolved. A review of selected arbitration awards indicates that most cases fall into the following classifications: tenure, promotion, appointment/reappointment, due process, compensation, challenge to arbitrability, work assignment/evaluation procedure, and sex discrimination. Much of the law dealing with the question of arbitrability has been shaped by what has been considered to be mandatory (wages, hours, working conditions); illegal (subjects the public employee is prohibited from discussing); and permissive (subjects that the parties are free to negotiate, including class size and teaching methods). It is suggested that grievance arbitration may provide a more efficient means of conflict resolution than litigation. Rulings and court cases are annotated and a bibliography is appended. (SW)
Descriptors: Arbitration, Collective Bargaining, College Faculty, College Governing Councils, Compensation (Remuneration), Conflict Resolution, Court Litigation, Due Process, Employment Practices, Faculty College Relationship, Faculty Promotion, Governance, Higher Education, Personnel Policy, Sex Discrimination, Teacher Evaluation, Tenure
Publication Type: Information Analyses
Education Level: N/A
Authoring Institution: N/A