Making governance work in academia Nonunion arbitration as a method of dispute resolution for university faculty

• Published in: The International journal of conflict management Vol. 20; no. 1; pp. 31 - 45
• Main Authors: Hogler, Raymond, Gross, Michael A., Byrne, Zinta S.
• Format: Journal Article
• Language: English
• Published: Bowling Green Emerald Group Publishing Limited 13-02-2009
• Subjects: Alternative dispute resolution; Arbitration; Business education; Business schools; Colleges & universities; Conflict management; Cultural values; Disputes; Employees; Employment; Employment discrimination; Higher education; Industrial democracy; Judicial reviews; Jurisdiction; Litigation; Medieval period; Organizational justice; Performance evaluation; Power; Professional standards; Professions; Students; Teaching; University faculty; Work environment
• ISSN: 1044-4068; 1758-8545
• DOI: 10.1108/10444060910931594

Purpose - The purpose of this paper is to analyze the importance of dispute systems for academic employees and to propose a procedure of voluntary binding arbitration, which would improve governance, promote organizational justice, and reduce litigation. Design/methodology/approach - It is argued that the rationale for arbitration in the educational sphere is even more compelling than in the nonunion industrial workplace because higher education is premised on the concept of shared governance between faculty and administrators. Colleges and universities confront an environment of declining resources, escalating costs, and a consumerist view of education where relations between members of the educational community increasingly resemble market transactions rather than cooperative endeavors. Findings - Given those trends, faculty would benefit from a system of conflict resolution that serves to safeguard professional standards, ensure organizational justice, and provide an effective workplace voice. Research limitations/implications - As a research agenda, future studies could examine these assumptions by empirically testing and evaluating the contribution and benefit of arbitration in higher education. Practical implications - Binding arbitration offers a viable means of protecting the interests of faculty and institutions. Originality/value - This paper offers a case for implementing organizational justice principles in higher education and will be of interest to those in that field.