Labor Arbitration, EEOC Conciliation and Discrimination in Employment - Dispute Resolution Journal - Vol. 24, No. 2

Professor of Law, Rutgers University, Newark, New Jersey. B.A. 1950, J.D. 1953, University of Michigan. Member of Rutgers faculty since 1955. Consultant, U.S. Equal Employment Opportunity Commission. Panel of Arbitrators, American Arbitration Association, Federal Mediation and Conciliation Service, New Jersey Mediation Board; on leave, 1965-67 as Chief of Conciliations, U.S. Equal Employment Opportunity Commission; Special Attorney, Civil Rights Division, Department of Justice, 1968; consultant. New Jersey Civil Rights Commission, 1963-64. The views expressed in this article are those of the author and do not necessarily reflect the views of any government agency.

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The drive for racial and ethnic equality in employment in the 1960's is as compelling and dynamic as the drive for union recognition of the 1930's. Our response to the earlier challenge demonstrated that the American industrial relations system could accommodate a major organized movement for social change. We learned how to adapt industrial relations processes to the new situations created by an expanding labor movement supported by legal protection for collective bargaining. The civil rights movement, supported by laws against employment discrimination, is now pressing the industrial relations system to accommodate to its demands.

We will examine how our experience in the settlement of disputes under collective bargaining agreements may be useful in connection with the resolution of disputes over discrimination in employment.