Final Offer Arbitration Of Collective Bargaining In United States

In the United States, labor disputes fall into two categories, namely, the right dispute and interest dispute. Interest dispute means that both employers and employees can not continue bargaining when they are in deadlock. Interest arbitration is an important way to resolve interest dispute. Interest arbitration divided into conventional arbitration and final offer arbitration. Under the final offer situation, each party submits its final proposal to the arbitration panel. The panel then selects, without modification, one side’s offer. By alternative way to incentive agreement negotiations,it is the highlight of the final offer arbitration to narrow the gap between the two parties. In the United States, final offer arbitration mainly resolve the impasse in collective bargaining in the public sector. Because it is prohibited to strike in the public sector, the use of final offer arbitration can resolve the dispute between them.China has not provided complete interest dispute settlement mechanism yet. In the face of many incidents happen recent years, not only affect the harmonious labor relations seriously, but also go against the establishment of good production and operation. Our labor law lacks of maneuverability, so it often resulted in the disposal backfired when dealing with the interests of the dispute.So according to the situation of interest dispute settlement system of our country, I hope we can draw lessons from the final offer arbitration system after on the basis of our country’s feasibility. We can solve our interest disputes by arbitration to improve China’s interest dispute settlement system.The first chapter of this article is an overview of the final offer arbitration system in the United States, and the introduction of the interests of the arbitration is the basis of a comprehensive understanding of the final offer arbitration. The main content of the second chapter is the specific design of the final offer arbitration system, including its scope of application, the specific procedure, two forms of final offer arbitration, the legal effect as a complete narrative. The third chapter’s content is to analyze the feasibility of arbitration to resolve the disputes of interests,and draw the final offer arbitration to improve our interest disputes settlement mechanism.