Collective Bargaining

1. Traditional issues that arbitrators deal with

The arbitrators have myriads of traditional issues to deal with. Traditionally, in case of a dispute involving an employee and an employer, the parties to the dispute have always sought legal redress instead of arbitration. Arbitration is prevalent in the modern dispute resolutions. It is contained in the employment contracts. However, more often than not the parties to the dispute deadlock over certain contentious issues in the employment contract and they end up initiating litigation processes even if the arbitrator exists to eliminate or reduce legal apparatus.

Secondly, it was traditional practice for most of the employment contracts to have an arbitration clause indicated at the time of signing the employment contract. This behavior pattern is also prevalent in the current employment contracts and the arbitrators have to contend with it (Dugan, 2005).

2. New emerging issues and the problems that they present

One of the emerging issues is that many tribunals and arbitrators do not have powers like those of the courts, and so, this means that they cannot compel the parties to abide by the terms that they have agreed. As such, a party may change its mind and fail to honor the agreement and the arbitrator cannot force this party to abide by the agreement (Blackaby, 2003).

The other issue is that of time limit. The arbitration process cannot outline a specific time limit as would be the case with courts and this may affect operations of the organization where the parties are at disputes. There is also the case whereby the parties in dispute afraid that the dispute will jeopardize the operations of their organization, so they move to the court and apply the court to grant them a relief from the disputing employees mostly. This creates additional headaches to the arbitration efforts because the arbitrator has to wait for the period set by the court to lapse so that they can resume the arbitration process.

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