What workplace issues can be submitted to labour arbitration?
In the context of labour law, arbitration is the process of referring disputes between management and labour unions to an impartial third party for a final, binding resolution. These disputes typically fall into two categories: the arbitration of rights, which concerns the application of an existing collective-bargaining agreement, and the arbitration of interests, which occurs during the negotiation of a new contract.1
In the United States, where arbitration is frequently the final step in a grievance procedure, employees may submit a wide range of workplace issues for resolution, including:2
- Discipline and discharge: Challenges to management-imposed penalties.2
- Working conditions: Disputes regarding the interpretation of contract terms.2
- Compensation and benefits: Issues concerning premium payments, incentive rates, overtime, holiday bonuses, and fringe benefits like pension and welfare plans.2
- Time and leave: Matters related to vacations and the use of company time for breaks.2
- Seniority rights: Disputes regarding the application of seniority provisions.2
While arbitrators have broad authority to resolve these issues, the question of whether a specific dispute is covered by the collective-bargaining agreement is determined by the courts.2