Institutional Pressures, Human Resource Strategies, and the Rise of Nonunion Dispute Resolution Procedures

Abstract

The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion workplace. At the same time, an older institutional factor—union substitution by nonunion employers aimed at avoiding union organizing—continues to inspire the adoption of nonunion dispute resolution procedures, especially peer review. Finally, the results provide some support for a link between the use of high performance work systems and the adoption of nonunion dispute resolution procedures.