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The Consistency and Predictability of Grievance Arbitration Awards

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  • Robert J. Thornton
  • Perry A. Zirkel

Abstract

In this study of the consistency and predictability of grievance arbitration awards, 177 arbitrators named awards and 188 management and union representatives predicted awards for six hypothetical cases—-three variants of a just-cause dismissal case and three of a contract interpretation case. The awards were quite variable: in one variant of each case, somewhat more than 70% of the arbitrators agreed on the award, but in all other instances the level of agreement was below 57%. This inconsistency does not appear to be related to the arbitrator's age, gender, educational degree, or experience. On the other hand, the authors find that the distribution of predictions by management representatives corresponded fairly well to the distribution of awards.

Suggested Citation

  • Robert J. Thornton & Perry A. Zirkel, 1990. "The Consistency and Predictability of Grievance Arbitration Awards," ILR Review, Cornell University, ILR School, vol. 43(2), pages 294-307, January.
    • Handle: RePEc:sae:ilrrev:v:43:y:1990:i:2:p:294-307
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    Cited by:

    1. David Dilts & James Moore, 2009. "Do Arbitrators Use Just Cause Standards in Deciding Discharge and Discipline Cases? A Test," Journal of Labor Research, Springer, vol. 30(3), pages 245-261, September.
    2. 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.
    3. Freyens, Benoit Pierre & Gong, Xiaodong, 2020. "Judicial arbitration of unfair dismissal cases: The role of peer effects," International Review of Law and Economics, Elsevier, vol. 64(C).

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