- Judul Buku: How Arbitration Works (Fourth Edition)
- Penulis: Frank Elkouri and Edna Asper Elkouri
- Editor: Tambrin W, Frans Aci, Vincent de Ornay
- Penerbit: BNA Books
- Cetakan Keempat: June 1989
- Bahasa: English
- ISBN: 0-87179-470-5
Sinopsis Buku How Arbitration Works (Fourth Edition)
The labor dispute is a natural characteristic of our enterprise system in the context of worker organization and collective bargaining. Such disputes reflect the detemination of labor and capital, respectively, to receive what each considers to be its “fair share” of industrial production.
This book deals with the workings of labor-management arbitration and with the numerous questions and problems that have confronted the parties and their arbitrators. The most realistic picture of how arbitration works and the most practical answers to its problems, it is believed, can be obtained through analysisof actual awards. So it is to awards that the Authors turn for their primary source material for most of the chapters.
Arbitration in practice is a distinct institution, the product of a collectively bargained compromise between the alternatives of resort to courts of law, which are not well adapted to the needs of labor-management relations, and resort to work stoppages, which are wasteful and costly not only to both parties but to the public as well.
While arbitration is a distinct institution, however, it would be totally unrealistic to deny the close relationship now existing between it, especially “right” arbitration, and our formal legal system. Indeed, labor arbitration has drawn heavily from the standards and techniques of that system. In this connection, the Authors believe that on the whole sound judgement has been exercised by arbitrators in effectively utilizing established legalisms without paying slavish deference thereto.
Arbitration is an avanue traveled by thousands, indeed millions, of industrial and public-employment disputants. It is a vital force in establishing confidence and minimizing confusion at all levels of the labor-management relationship and is a major constructive force in the collective bargaining process itself.
Arbitration should not, however, be expected or totally relied upon to create either good contracts or cooperative human relationships–it is a supplement to, rather than a substitute for, conscientious grievance processing and genuine collective bargaining.
Finally, the Authors desire to emphasize their firm conviction that not only has arbitration been an exeedingly useful social and industrial institution but that it will become even more so in the future, both in the private sector and in the public sector.
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