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The Ascendancy of Employment Arbitrators in US Employment Relations: A New Actor in the American System?

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  • Ronald L. Seeber
  • David B. Lipsky

Abstract

In this paper, we survey the underpinnings of the trend towards employment arbitration in the United States, and its implications for the broader industrial relations system. Specifically, we address the question of whether or not employment arbitrators have been substituted for collective bargaining by the government to an extent that warrants their inclusion as an actor in the industrial relations system. We review developments in workplace dispute resolution in the United States, the literature that attempts to explain these developments and posit an assessment of the stability of employment arbitration, and employment arbitrators, as a central feature of the US industrial relations system.

Suggested Citation

  • Ronald L. Seeber & David B. Lipsky, 2006. "The Ascendancy of Employment Arbitrators in US Employment Relations: A New Actor in the American System?," British Journal of Industrial Relations, London School of Economics, vol. 44(4), pages 719-756, December.
    • Handle: RePEc:bla:brjirl:v:44:y:2006:i:4:p:719-756
    DOI: 10.1111/j.1467-8543.2006.00521.x
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    References listed on IDEAS

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    1. Guy Bellemare, 2000. "End Users: Actors in the Industrial Relations System?," British Journal of Industrial Relations, London School of Economics, vol. 38(3), pages 383-405, September.
    2. Ehrenberg, Ronald G & Bognanno, Michael L, 1990. "Do Tournaments Have Incentive Effects?," Journal of Political Economy, University of Chicago Press, vol. 98(6), pages 1307-1324, December.
    3. Thomas J. Stipanowich, 2004. "ADR and the “Vanishing Trial”: The Growth and Impact of “Alternative Dispute Resolution”," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 843-912, November.
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    Cited by:

    1. Benoit P. Freyens, 2011. "Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone," ILR Review, Cornell University, ILR School, vol. 64(3), pages 576-598, April.
    2. Benoît Pierre FREYENS, 2010. "Measuring firing costs: The case for direct methods," International Labour Review, International Labour Organization, vol. 149(3), pages 287-313, September.
    3. Niklas Egels-Zandén, 2009. "Transnational Governance of Workers’ Rights: Outlining a Research Agenda," Journal of Business Ethics, Springer, vol. 87(2), pages 169-188, June.
    4. David B. Lipsky & J. Ryan Lamare & Abhishek Gupta, 2013. "The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 52, pages 314-342, January.
    5. Fang Cooke & Debi Saini, 2015. "From legalism to strategic HRM in India? Grievance management in transition," Asia Pacific Journal of Management, Springer, vol. 32(3), pages 619-643, September.
    6. Christine A. Riordan & Alexander M. Kowalski, 2021. "From Bread and Roses to #MeToo: Multiplicity, Distance, and the Changing Dynamics of Conflict in IR Theory," ILR Review, Cornell University, ILR School, vol. 74(3), pages 580-606, May.
    7. Mark D. Gough & Alexander J. S. Colvin, 2020. "Decision-Maker and Context Effects in Employment Arbitration," ILR Review, Cornell University, ILR School, vol. 73(2), pages 479-497, March.
    8. William K. Roche, 2015. "The emergence of a dual system of dispute resolution: private facilitators in Irish industrial relations," Industrial Relations Journal, Wiley Blackwell, vol. 46(4), pages 293-311, July.
    9. Ian Kessler & Stephen Bach, 2011. "The Citizen‐Consumer as Industrial Relations Actor: New Ways of Working and the End‐user in Social Care," British Journal of Industrial Relations, London School of Economics, vol. 49(1), pages 80-102, March.

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