FACTFINDERS AND ARBITRATORS IN IOWA: ARE THEY THE SAME NEUTRALS?

STANLEY W. ELSEA, DAVID A. DILTS, AND LAWRENCE J. HABER

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DOI: 10.2190/3WDX-J8JG-J6A8-QECX

Abstract

This study extends the 1984 work of Bloom and Cavenaugh regarding how arbitrators are chosen by the parties to public sector labor disputes by looking not only at arbitrators but at factfinders as well. The results of a study of Iowa impasse cases in the public sector reveal that the parties to the dispute select different neutrals depending on the type of procedure involved. There is some dual acceptability in that arbitrators appear to be acceptable as factfinders but not vice versa. Further, neutrals chosen as both arbitrators and factfinders were predominantly attorneys, and a large number were members of the National Academy of Arbitrators.

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