A COMPARATIVE ASSESSMENT OF LABOR DISPUTE RESOLUTION IN THE UNITED STATES & THE UNITED KINGDOM

• Published in: St. John's law review Vol. 81; no. 1/2; p. 29
• Main Authors: Gregory, David L, Cavanagh, Francis A
• Format: Journal Article
• Language: English
• Published: Brooklyn St. John's Law Review Association 01-01-2007
• Subjects: Alternative dispute resolution; Arbitration; Comparative analysis; Disputes; Employment discrimination; Industrial tribunals; Labor disputes; Labor relations; Labor unions; Mediation; Private sector; State court decisions; Tribunals & commissions; Wagner Act 1935-US; United Kingdom > UK; United States > US
• ISSN: 0036-2905; 2168-8796

In this essay, the authors reflect on the past quarter century of alternative dispute resolution (ADR) in labor management relations in the US and in the UK, critically assessing the trajectory and the evolution of ADR in labor management matters, with particular reference to the ADR of discharge and discipline grievances of unionized workers. With this platform context for the past two decades, they ruminate on the similarities and contrasts, such as they may be, in the daily working realities of labor-union-represented workers in the US and in the UK, paying particular attention to the resolution of grievances in labor management relations. Over time, the case load incidence of the Employment Tribunal in the UK should appreciably decline. Of course, just as in the US, there is the risk of creeping legalism infecting the ADR regime in the UK, hardening the process and vitiating substantially its nimble, supple qualities of efficiency and timeliness.