CREEPING LEGALISM IN PUBLIC SECTOR GRIEVANCE ARBITRATION: AN EMPIRICAL APPROACH

RICHARD S. RUBIN, JASON W. HOLLIDAY, CASEY L. BROWN, AND R. ANTHONY ROLLE

---

DOI: 10.2190/PUUL-8DN3-MR9E-GHY4

Abstract

In the private sector, the number of grievance arbitration filings has decreased substantially over the past two decades. One possible explanation for this trend is the idea of creeping legalism, which entails the use of lawyers, formal rules of evidence, and written transcripts. However, little research has focused on creeping legalism in public sector grievance arbitration. The purpose of this research is to uncover empirical evidence of the existence of creeping legalism in the public sector. The concept of creeping legalism was broken down into the three components of formality, time, and cost. The results of the statistical analysis indicate that as formality increases, the willingness to arbitrate decreases.

---

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.