Rights Arbitration

Definition

Rights arbitration is a process in which an impartial third party, known as an arbitrator, is brought in to resolve disputes between an employer and employee regarding the interpretation or application of the terms of a collective bargaining agreement or other employment contract. This process aims to provide a fair and efficient means of resolving grievances and conflicts that arise in the workplace.

5 Must Know Facts For Your Next Test

1. Rights arbitration is a key component of the grievance procedure outlined in a collective bargaining agreement.
2. The arbitrator in a rights arbitration case is typically selected by both the employer and the labor union, ensuring impartiality.
3. The arbitrator's decision in a rights arbitration case is legally binding and enforceable, meaning both parties must abide by the ruling.
4. Rights arbitration is designed to provide a faster and less expensive alternative to resolving disputes than going through the court system.
5. Successful rights arbitration can help maintain positive labor-management relations and promote a more harmonious work environment.

Review Questions

• Explain the purpose of rights arbitration in the context of managing grievances and conflicts in the workplace.
  • The purpose of rights arbitration is to provide a fair and efficient process for resolving disputes between employers and employees regarding the interpretation or application of the terms of a collective bargaining agreement or other employment contract. By bringing in an impartial third-party arbitrator to make a binding decision, rights arbitration helps to address grievances and conflicts in a way that maintains positive labor-management relations and promotes a more harmonious work environment.
• Describe the role of the arbitrator in the rights arbitration process and how their impartiality is ensured.
  • The arbitrator in a rights arbitration case is responsible for reviewing the evidence and arguments presented by both the employer and the labor union, and then making a binding decision on the matter. To ensure the arbitrator's impartiality, they are typically selected by mutual agreement between the employer and the union, rather than being appointed unilaterally by one party. This helps to guarantee that the arbitrator will make a fair and objective ruling, without being unduly influenced by either side.
• Analyze the benefits of using rights arbitration to resolve workplace disputes, compared to traditional legal proceedings.
  • Rights arbitration offers several key advantages over traditional legal proceedings for resolving workplace disputes. First, it is generally faster and less expensive than going through the court system, which can be time-consuming and costly. Second, the arbitrator's decision is legally binding, providing a clear and enforceable resolution to the conflict. Finally, the arbitration process is designed to maintain positive labor-management relations, as opposed to the adversarial nature of litigation, which can often exacerbate tensions between employers and employees. By promoting a more harmonious work environment, rights arbitration can ultimately lead to improved productivity and job satisfaction.

Related terms

Grievance Procedure:

A formal process outlined in a collective bargaining agreement that employees can use to address workplace issues or disputes with their employer.

Collective Bargaining Agreement: A contract negotiated between an employer and a labor union that outlines the terms and conditions of employment, including wages, benefits, and workplace policies.

Arbitration:

A method of dispute resolution in which the disputing parties agree to submit their case to an impartial third party, who then makes a binding decision on the matter.