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Do Lawyers Affect Grievance Arbitration Outcomes? The Newfoundland Experience

Resource type
Author/contributor
Title
Do Lawyers Affect Grievance Arbitration Outcomes? The Newfoundland Experience
Abstract
Unions and employers are no doubt aware that retaining legal cousel necessitates a more expensive and less expeditious grievance arbitration process. However, if a party's prospects for success are enhanced by legal representation, the additional delay and expense may be justified. Does legal representation affect grievance outcomes? Most arbitrators are lawyers. Does an arbitrator's legal training affect the outcome of a grievance? In an effort to answer these questions, all discipline or discharge grievance arbitration awards decided in the Canadian province of Newfoundland during the period 1980-1992 were analyzed. The results suggest that legal representation does not affect grievance outcomes, nor do lawyer-arbitrators decide cases any differently than their lay colleagues.
Publication
Relations Industrielles
Volume
49
Issue
2
Pages
356-371
Date
Spring 1994
Language
English
ISSN
0034379X
Short Title
Do Lawyers Affect Grievance Arbitration Outcomes?
Accessed
3/9/15, 9:35 PM
Library Catalog
ProQuest
Rights
Copyright Les Presses de L'Universite Laval Spring 1994
Citation
Thornicroft, K. Wm. (1994). Do Lawyers Affect Grievance Arbitration Outcomes? The Newfoundland Experience. Relations Industrielles, 49(2), 356–371. https://www.erudit.org/fr/revues/ri/1994-v49-n2-ri1175/