8 Decision Making and Arbitrators This chapter treats arbitrator decision making. First, available published research is examined for the light it sheds on who arbitrators are and the role they play in the parties' disputes. Next, the authors draw upon their own experiences for additional insight on this topic as well as what prospective arbitrators might expect as members of the profession. The previous chapter examines the specific standards applied by arbi- trators in specific types of cases. Arbitration, however, includes more than fixed standards. Arbitrators are human beings and as a result bring personal characteristics to their work. As has been said repeatedly throughout this book, arbitrators are selected by the parties through a market mechanism, and, therefore, successful arbitrators are generally well versed in their trade and have personal characteristics the parties, in aggregate, find acceptable. Even so, some remarks about arbitrators and their decision- making processes are in order. ARBITRATORS: WHO THEY ARE AND WHAT THEY DO Arbitrators are, for the most part, professional neutrals who have gained the trust of both unions and management. Arbitrators serve two conflicting masters equally, and the expressed will of the arbitrators' employers is to be found in their collective bargaining agreements. In one sense, arbitra- tors are nothing more than "creatures of the contract." It is through the parties' grievance procedure or submission agreement that the arbitrator is called to decide a specific dispute. Unlike judges, arbitrators are not -99- |