A discussion of Benjamin Aaron's paper on past practice that focuses on wage differential arbitrations, the distinction between gratuities and past practice, technological changes, and economic changes.

updating wwii discharge papers-79

A discussion of factors likely to affect the future of labor arbitration (in an address delivered at the first annual meeting of the NAA.) The history of labor arbitration and the impact of legislation on arbitration (up to 1948) are reviewed.

Arbitrators and the NAA are encouraged to maintain high standards and foster the development of qualified labor arbitrators.

Examines the relationship between ability and seniority in the context of the "pessimistic" theory - that the use of seniority as a factor in promotions impairs productivity and individual initiative.

The author posits that more study is needed, but suggests that seniority might be favored over ability as a factor in reviewing promotional decisions not simply because unions are pressing for seniority, but also because seniority is easier to judge: arbitrators place the burden on management to justify selection of a junior employee, and management does not always do a good job of justifying its actions. Healy's paper [1955, page 45], in that it seems to decry the prevalence of seniority over ability as a factor in the employment relationship, while the evidence seems to suggest that the reliance on seniority - rather than ability - provides equivalent results in terms of efficiency and productivity.

He concludes that "federal regulation has extended too far while too little has been left to state control."A discussion of the effect of a continuing business recession on labor arbitration in the context of strong unions and extensive collective bargaining.

The author forecasts continued growth and a bright future for labor arbitration.Appendix D is the Committees 1950 eponymous report.Appendix E is a survey of arbitrator demographics, workload and fees conducted by the Committee.He cites the national public policy favoring voluntary collective bargaining as a "measure to secure stable industrial peace." He urges the President of the United States to make a formal public statement circumscribing the governments function to one of assisting the parties through mediation.The President should interfere in only those rare cases where there is a genuine threat to the national health or safety.The Committee concludes that the basic standards of ethics applicable to any judge, foremost of which are the qualities of honesty and impartiality, should be applied to the code of labor arbitrators.