§ 29.1 Introduction

• Library: ADR in Oregon (OSBar) (2019 Ed.)

§ 29.1 INTRODUCTION

This chapter addresses mediation and arbitration practices as applied to union-management relations under federal law in the private sector and under Oregon law in the public sector. The principal focus is on arbitration and mediation in the private sector. This chapter does not address dispute resolution as applied to the airline and railway industries under the federal Railway Labor Act (see 45 USC §§ 151-188) or to federal employment.

As a general matter, disputes arising out of union-management relationships fall into one of two categories. One category covers the dispute over the meaning or application of an existing collective-bargaining agreement, which generally arises through a "grievance" and usually involves the rights or obligations among the employer, the union, and the employee. Such disputes are thus generally...