CREEPING LEGALISM IN PUBLIC SECTOR GRIEVANCE ARBITRATION: A NATIONAL PERSPECTIVE

BARRY M. RUBIN
RICHARD S. RUBIN

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DOI: 10.2190/H1JE-APN7-RW1X-U1UA

Abstract

Creeping legalism, which incorporates an increasingly formal approach to the arbitration process, may help explain the significant decrease in the number of grievance arbitration filings in the private sector. However, little research has investigated the spread of creeping legalism into the public sector. Preliminary research, conducted by one of the authors and described in an earlier issue of this journal, looked at formality, time, and cost as indicators of creeping legalism in the public sector and found evidence that as formality increases, the willingness to arbitrate decreases. The purpose of this research is to expand that initial endeavor by using a national data set to utilize more sophisticated analytical techniques. The results evidence that as formality, time, and preparation increase, the willingness to arbitrate decreases.

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