Subcontracting Disputes in labor arbitration: productive efficiency versus job security

Roger I. Abrams, Case Western Reserve University School of Law
Dennis Nolan, University of South Carolina Law School

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Originally published in The University of Toledo Law Review, Vol. 15, No. 1, pp. 7-34, Fall 1983.

Abstract

In this Article, Professors Abrams and Nolan discuss the principles which should be used by labor arbitrators in resolving subcontracting grievances under collective bargaining agreements. These disputes involve the fundamental and conflicting interests of labor and management in job security and productive efficiency. The authors conclude that the arbitrator's primary responsibility is to carry out the intent of the parties as evidenced in the provisions of their agreement.