PROCEDURAL ARBITRABILITY OF GRIEVANCE CASES

PERRY A. ZIRKEL

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DOI: 10.2190/JH8X-MLV2-PBAG-H2GN

Abstract

A systematic analysis of a sample of 100 published arbitration awards dealing with procedural arbitrability revealed that timeliness was the predominant issue. In 85 percent of the cases, the arbitrator rejected claims of procedural nonarbitrability, employing a flexible array of rationales. Of the 15 percent of the cases that were dismissed on procedural grounds, two-thirds appeared to be accounted for by special circumstances or strict contracts. The duty of fair representation did not play a readily detectable role in the nonabitrability and pro-arbitrability rulings. Court decisions prior and subsequent to arbitration have tended to reinforce the pro-arbitrability trend with respect to procedural issues.

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