Black Workers in White Unions: Job Discrimination in the United States

By William B. Gould | Go to book overview

8 Grievance Arbitration Machinery and Title VII

The Institutional Framework

Although unions and employers have negotiated arbitration provisions since the turn of the century, the arbitration process did not gain substantial impetus in this country until the advent of the War Labor Board and the conclusion of World War II.1 The War Labor Board, which was established during the war in order to ensure uninterrupted production and a measure of equity for workers, attempted to encourage and in some instances to impose both no-strike and grievance procedures which culminated in arbitration -- the selection of a neutral third party who would render a final and binding award resolving the differences between the parties. When World War II ended, the parties had begun to adapt themselves to the process, and it was natural that they should turn to many of the representatives of the War Labor Board, with whom they had become somewhat familiar and in whom they had sufficient confidence to request their assistance as third-party neutrals in negotiating collective-bargaining agreements. (Generally, in this country arbitration has not been used to resolve disputes over new contract terms as frequently as it is utilized in connection with disputes arising during the term of the contract and involving its interpretation. The former are called "interest" disputes and the latter "rights" issues.)

Accordingly, when the Taft-Hartley amendments were passed by Congress over President Truman's veto in 1947, 2* the statute specifically encouraged the negotiation of the grievance-arbitration machinery and, in so doing, ratified a prior trend which had emerged before the War Labor Board became involved. Taft-Hartley attempted to encourage arbitration through two different statutory avenues: (1) Section 301, which made labor contracts enforceable through suits in federal district court -- although, paradoxically, in the wake of that provision's passage, it was feared that the judiciary would usurp the arbitral role and make a mess of what the arbitrators had done;3* and (2) Section 203(d), which provides that "final adjustment by a method agreed upon by the parties is hereby declared to be the desirable method for settlement of grievance disputes arising out of the application or interpretation of an existing collective bargaining agreement."4

Yet the dominant inclination, apparent in the entire sweep of Taft-Hartley and its legislative history, as well as Section 301, was to discipline the unruly unions

-207-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Black Workers in White Unions: Job Discrimination in the United States
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 506

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.