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The future of collective bargaining and its implications for labor arbitration

The labor arbitration process derives its role from the unique system of collective bargaining that has evolved in the United States since the turn of the century. While, as others have noted, the origins of labor arbitration can be traced back at least as far as the Anthracite Coal Commission of 1903 and the report of the Industrial Relations Commission of 1902, it was the choice of collective bargaining as the cornerstone of our national labor policy in 1935, the subsequent growth of union membership, and the endorsement of grievance arbitration by the War Labor Board that insured grievance arbitration a central role in the American industrial relations system. Indeed, it was the particular form of collective bargaining that evolved in the post 1930s that gave arbitration the prominent and vital role it plays in the collective bargaining system in the United States. To understand the future of arbitration, therefore, we need to explore two aspects of the future of collective bargaining. First, how widespread will collective bargaining be? That is, will the