Binding Arbitration in Public Employment: A Reappraisal

Binding arbitration in public employment, in contrast to its use in the private sector, results in policy-making which has the force of law. This is the case with both greivance arbitration and interest arbitration, since the arbitrator in interpreting contract clauses is actually formulating policy. As more and more states enact bargaining laws for public empolyees, there has been an increasing acceptance of binding arbitration. However, questions not only concerning the wisdom of delegating public authority in this manner but also the legality of such an act are beginning to surface.