The Nature of the Arbitration Process

The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit of their contract, and whether it will work in their daily relationships. But, all these considered, thousands of awards attest that, when the parties believe the arbitrator has understood the facts and the contract, and reached a decision that is logical and practical they will accept it without complaint.

Few realize fully, however, how often a decision must be based on somewhat incomplete information, and the difficulty the arbitrator has in satisfying himself that the award is correct beyond all doubt.