Prior research has argued that management has an advantage in many grievance cases largely because it enjoys the discretion to pursue these cases or otherwise as it chooses. Conversely, organized labor has far less discretion inasmuch as it must pursue serious grievances for which positive outcomes cannot reasonably be expected It was recently demonstrated that grievances “filed in the name of the union” may provide an important exception to this principle. This empirical assessment of arbitration cases (N = 520) extends these arguments from the context of the grievance to that of arbitration, an arguably more valid and generalizable context for such an assessment. The results indicate that “filing in the name of the union” does provide a substantive edge in arbitration outcomes, even while controlling for the various types of arbitration cases.
Mesch, D.J. and Dalton, D.R. (1992), "WORKPLACE JUSTICE OUTCOMES: ARBITRATION “IN THE NAME OF THE UNION”", International Journal of Conflict Management, Vol. 3 No. 1, pp. 31-43. https://doi.org/10.1108/eb022705
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