Decision Making in Employment and Labor Arbitration

Abstract

This experimental study examined the labor and employment arbitration decisions of four groups of arbitrators: (1) employment arbitrators who resolve disputes involving nonunion employees, (2) labor arbitrators who arbitrate cases in which an employee is represented by a union, (3) arbitrators in the National Academy of Arbitrators (NAA), and (4) students as a comparison of nonarbitrator decision makers with experienced arbitrators. A 2 ×2 ×4 factorial design was used, crossing arbitrator group with discipline standard and sex of the grievant. Results indicate that employment artibrators reinstate the grievant significantly less frequently than other arbitrators; however, the findings also reveal that all arbitrators make more favorable decisions under a just‐cause standard than under the newer META standard of discipline.