One way to enforce collective bargaining agreements

One way to enforce collective bargaining agreements

One way to enforce collective bargaining agreements is through arbitration. Organizations apply this method to settle disputes arising in the course of implementing collective bargaining agreements. The arbitrator listens to the grievances of the two parties in dispute before offering a remedy. An equitable remedy is likely to prevent employee strikes (Corby, 2015). Additionally, the neutrality of an arbitrator offers the aggrieving parties a sense of consolation; the arbitrator will give a just remedy.

Five principles guide the arbitration process. According to Carrel and Heavrin (2013), these principles stem from the court’s decision following the Steelworkers Trilogy, among other cases. The first principle implies that parties can only arbitrate a conflict they both agree to submit to arbitration. Carrel and Heavrin (2013) note that the court decides if there is a dispute to arbitrate. Secondly, the court is not supposed to determine the merits of the grievance, even if the cause for conflict seems petty. Also, resolving doubts should be in favor of labor contracts coverage of disputes. The fourth principle requires that if an arbitration reward is per a collective bargaining agreement, the court should give the award without hesitation. Lastly, contract words do not limit the arbitrator’s interpretation of a labor agreement; hence the arbitrator can consider other factors such as past practices.

Organizations that are not under unions use a different process of solving grievances. According to Colvin (2019), the process varies in various organizations; for instance, some use informal open-door policies, and while others use peer reviews to address grievances. He also states that organizations put in place non-union grievance procedures to promote organizational justice. In a non-union environment, the management addresses employee grievances through the human resource department.