Vanderbilt Law Review

First Page



When the parties to collective bargaining negotiations formulate the provisions of their contract relating to grievances and arbitration, they are establishing the basic system of private administrative law that will govern the plant community for the period of the agreement. This is obviously a task that involves more than mere words and phrases. The maturity of their relationship, their respective understandings of the place of collective bargaining in our industrial society, the size and nature of the plant, and innumerable other considerations will substantially influence the choice of language and procedures adopted in the framing of these provisions. Because of the interaction of these various considerations--many of them intangible--it is, of course, impossible to prescribe a single procedure or set of procedures which will be ideally suited to fit the needs of all collective bargaining situations. Recognizing, therefore, that it is impossible and even undesirable to suggest stereotyped or "model" contract provisions to cover the situation, it is the writer's purpose to suggest some of the common problems encountered in the course of the drafting of the grievance and arbitration provisions of collective bargaining agreements, to mention some of the factors involved in the consideration of these problems and to indicate and evaluate some of the more common types of provisions currently employed in typical contracts.