INDIANA'S RETREAT FROM ARBITRATION: THE SAGA OF JUDICIAL REVIEW

CLARENCE R. DEITSCH AND DAVID A. DILTS


DOI: 10.2190/9GVE-GGAW-KUGJ-A976

Abstract

Arbitration has demonstrated its effectiveness as the preferred method of grievance impasse resolution. At least one state, however, has undertaken a number of actions that undermine its statutorily mandated procedure for the resolution of public employee grievances. Indiana's earlier challenges to the institution of arbitration have been documented in this journal. The purpose of the present article is to examine and analyze a recent Indiana Appellate Court decision that personifies the type of decision that the United State Supreme Court hoped to avoid through the principals it established in the Steelworkers Trilogy and which, if left to become a rule of law, may prove the ultimate undoing of arbitration for public employees in the State of Indiana.

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