10.2190/H1JE-APN7-RW1X-U1UA H1JEAPN7RW1XU1UA 3 CREEPING LEGALISM IN PUBLIC SECTOR GRIEVANCE ARBITRATION: A NATIONAL PERSPECTIVE 3 14 20030123 20030123 20030123 20030123 H1JEAPN7RW1XU1UA.pdf http://baywood.metapress.com/link.asp?target=contribution&id=H1JEAPN7RW1XU1UA 1 BARRY M. RUBIN RICHARD S. RUBIN Indiana University, Bloomington Creeping legalism, which incorporates an increasingly formal approach to the arbitration process, may help explain the significant decrease in the number of grievance arbitration filings in the private sector. However, little research has investigated the spread of creeping legalism into the public sector. Preliminary research, conducted by one of the authors and described in an earlier issue of this journal, looked at formality, time, and cost as indicators of creeping legalism in the public sector and found evidence that as formality increases, the willingness to arbitrate decreases. The purpose of this research is to expand that initial endeavor by using a national data set to utilize more sophisticated analytical techniques. The results evidence that as formality, time, and preparation increase, the willingness to arbitrate decreases. "Creeping Legalism in Labor Arbitration: An Editorial," The Arbitration Journal, 13, pp. 129-132, 1958. R. W. Fleming, "The Labor Arbitration Process: 1943-1963," Kentucky Law Journal, 52, pp. 817-836, 1964. U.S. Department of Labor. "Union Members in 1999," U.S.D.L. Newsrelease 00-16, January 19, 2000. Available: http://stats.bls.gov/news.release/union2.toc.htm R. S. Rubin, J. W. Holliday, D. L. Brown, and R. A. Rolle, "Creeping Legalism in Public Sector Grievance Arbitration: An Empirical Approach," Journal of Collective Negotiations in the Public Sector, 27:4, pp. 383-391, 1998. J. N. Braden, "Current Problems in Labor-Management Arbitration," The Arbitration Journal, 6, pp. 91-102, 1951. A. F. Bartlett, "Labor Arbitration: The Problem of Legalism," Oregon Law Review, 62, pp. 195-230, 1983. H. W. Davey, "Labor Arbitration: A Current Appraisal," Industrial and Labor Relations Review, 9, pp. 85-94, 1955. Bureau of National Affairs, "Feature Report: Unionization," Government Employee Relations Report, 38:1846, p. 127, January 25, 2000. B. Aaron, "Labor Arbitration and Its Critics," Law Labor Journal, 10, pp. 605-610, 1959. D. R. Nolan and R. I. Abrams. "Trends in Private Sector Grievance Arbitration," Labor Arbitration Under Fire, J. L. Stern and J. M. Najita (eds.), Ithaca, N.Y.: Cornell University Press, 1997, pp. 42-71. M. R. Carrell and C. Heavrin, Labor Relations and Collective Bargaining (6E), (Englewood Cliffs, N.J.: Prentice Hall, 2001), p. 109.