grievance arbitration
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2022 ◽  
Vol 12 ◽  
Author(s):  
Piers Steel ◽  
Daphne Taras ◽  
Allen Ponak ◽  
John Kammeyer-Mueller

We investigated the causes and impact of procrastination on “slippery deadlines,” where the due date is ill-defined and can be autonomously extended, using the unique applied setting of grievance arbitration across two studies. In Study One, using 3 years of observed performance data derived from Canadian arbitration cases and a survey of leading arbitrators, we examined the effect of individual differences, self-regulatory skills, workloads and task characteristics on time delay. Observed delay here is a critical criterion, where justice is emphasized to be swift and sure. Multilevel Modeling established trait procrastination as a substantive predictor of observed delay, equivalent to the environmental contributors of expediting the arbitration procedure or grievance complexity. Also, despite substantive negative consequence of delay for both arbitrators and their clients, arbitrators who scored one standard deviation above the mean in procrastination took approximately 83 days to write their decisions compared to the 26 days for arbitrators one standard deviation below the mean. In Study Two, we conducted a replication and extension survey with a much larger group of American arbitrators. Consistent with Temporal Motivation Theory (TMT), trait procrastination was largely explained by expectancy, value, and sensitivity to time related traits and skills, which together accounted for majority of the variance in trait procrastination, leaving little left for other explanations. For example, perfectionism connection to procrastination appears to be distal, being largely mediated by each of TMT’s core variables. Finally, procrastination was largely synonymous with a deadline pacing style, indicating that observed delay can be used as a proxy for procrastination as long as little or no prior work was done (e.g., a u-shaped pacing style is not synonymous). In all, our results indicate that procrastination is rampant in the workplace and has seriously detrimental effects.


2018 ◽  
Vol 72 (4) ◽  
pp. 621-657 ◽  
Author(s):  
Bruce J. Curran

Summary A number of empirical studies from the early 1970s to the mid-1990s indicated that delay in Canadian grievance arbitration was becoming an increasing problem. There have been no further scientific studies on delay since then, despite developments that may exacerbate the issue like increased legalism and expanded arbitral jurisdiction. Academics and practitioners have recently voiced renewed concerns about the threat that delay poses to the viability of the grievance arbitration system. To address this gap in the scientific literature, the present study examines delay and its determinants in Ontario over the last two decades. Content analysis was conducted on a random sample of almost 400 Ontario grievance arbitrations from three reference years (1994, 2004, and 2012). I then performed event history analysis on the data to determine the various factors that were associated with delay. Consistent with common perception, my empirical results suggest that delay has become worse over the past two decades. I find that certain legalistic factors are indeed associated with delay, including the use of lawyers, the use of preliminary objections, the number of witnesses testifying, and attacks on credibility. In terms of expanded arbitral jurisdiction, I find that while delay has increased for grievances involving alleged Employment Standards Act violations, for all other non-traditional issues (including human rights complaints) there are no significant increases. The results also show that certain dispute resolution procedures, such as expedited arbitration and the use of sole arbitrators are related to shorter grievance durations, and this, combined with the other findings, suggests practical solutions to the issue of delay. However, the findings also suggest that the use of certain procedures involving additional steps, like settlement and mediation-arbitration, can also serve to increase grievance duration when used unsuccessfully.


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