ERIC Number: ED309707
Record Type: RIE
Publication Date: 1989-May
Reference Count: N/A
Arbitration in Academe.
Douglas, Joel, Ed.
National Center for the Study of Collective Bargaining in Higher Education and the Professions Newsletter, v17 n2 p1-7 Apr-May 1989
Questions and issues critical to an understanding of arbitration in higher education are discussed. Aspects of the academic arbitration model are defined. The following four topics are examined: (1) the procedural similarities and differences between academic arbitration and the industrial model; (2) the possible inherent conflict between academic arbitration and a collegial employment relationship based on peer review and shared authority; (3) the scope of arbitrability and the role of academic judgement within the academic arbitration process; and (4) the restraints imposed by the requirements of confidentiality in the peer review process. Arbitration of faculty status issues remains a viable means of dispute resolution on unionized campuses. The deferral accorded the arbitration system and individual arbitrators by the courts and administrative agencies is well established. Opponents of faculty unionization cite academic arbitration as an example wherein collective bargaining is inherently contradictory to peer review and a collegial employment relationship. The effect of arbitral remedy remains unclear, as arbitrators are frequently limited to procedural remands to the very committee that made the decision that gave rise to the grievance. Academic arbitration remains a conservative process with both faculty unionists and college administrators relying on the procedural models developed in the industrial sector more than 50 years ago. Contains 26 references. (SM)
Descriptors: Arbitration, Collective Bargaining, Confidentiality, Employer Employee Relationship, Faculty College Relationship, Grievance Procedures, Higher Education, Models, Negotiation Agreements, Peer Evaluation, Unions
National Center for the Study of Collective Bargaining in Higher Education and the Professions, Baruch College, 17 Lexington Avenue, Box 322, New York, NY 10010 ($6.25).
Publication Type: Collected Works - Serials; Information Analyses
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.