ERIC Number: ED257353
Record Type: RIE
Publication Date: 1985-Apr
Reference Count: 0
An Analysis of the Arbitration Clause in Collective Bargaining Agreements in Higher Education.
Douglas, Joel M., Ed.
Newsletter of the National Center for the Study of Collective Bargaining in Higher Education and the Professions, v13 n2 Mar-Apr 1985
The arbitration provisions of collective bargaining agreements at unionized colleges and universities were analyzed for a sample of about 89,000 unionized faculty. The following 11 elements were analyzed with respect to frequency in collective agreements and assorted other contractual conditions: (1) time limits for submission of grievances; (2) nature of time delays and the grievance step structure; (3) accelerated grievance procedures; (4) union representation at grievance hearings; (5) types of arbitration boards; (6) selection of arbitrators; (7) scope of arbitrability/exclusions from the grievance procedure; (8) use of documents during arbitration; (9) types of arbitration decisions and precedent setting as defined by contract; (10) limits on power of arbitrators; and (11) payment of arbitrator fees. Over 90 percent of the agreements contained grievance procedures, with 74 percent culminating in binding arbitration. Procedural and structural components inherent in the grievance process are similar to those found in most industrial contracts. While steps may be eliminated to accelerate a grievance, expedited arbitration procedures are not prevalent. The issues of "academic judgment" and "presidential reasons" for adverse personnel actions are briefly discussed. (SW)
Descriptors: Arbitration, Collective Bargaining, College Faculty, Contracts, Employment Practices, Grievance Procedures, Higher Education, Personnel Policy, Unions
National Center for the Study of Collective Bargaining in Higher Education and the Professions, Baruch College, 17 Lexington Avenue, New York, NY 10010 ($4.00).
Publication Type: Collected Works - Serials; Reports - Research
Education Level: N/A
Authoring Institution: City Univ. of New York, NY. Bernard Baruch Coll. National Center for the Study of Collective Bargaining in Higher Education and the Professions.