Date of Award

1997

Degree Name

Educational Leadership

College

College of Education and Professional Development

Type of Degree

Ed.D.

Document Type

Dissertation

First Advisor

Fred Barkey

Second Advisor

Phyllis Durden

Third Advisor

Paul Leary

Fourth Advisor

Jack Yeager

Fifth Advisor

Powell Toth

Abstract

This study examined arbitrator characteristics (gender and experience) case characteristics (grievant gender, attorney representation for the grievant, single versus multiple grievants, and timeliness) and case determination (denied/granted) from level-four third-party public-sector higher education discipline and discharge arbitration cases at the West Virginia Education and State Employees Grievance Board years 1985-1995. The population was 55 (N=55).

A QA4 database diskette was obtained from the Board containing case synopses from 1985 to 1995. Higher education cases were isolated using key words created by the Board. Case synopses were printed out. Docket numbers located at the Secretary of State’s Office were matched to case decisions. Case decisions were read to determine if the higher education case involved discipline or discharge. Pertinent cases were photocopied, purchased and compared to QA4 synopses reports. The two sources were identical.

The data were codified for analyses. Statistical Analysis Systems (SAS) were used. Chi-square statistic at an alpha level of .05 determined if a statistically significant relationship existed between the independent and dependent variables. All hypotheses were stated in null form. The hypothesis pertaining to single versus multiple grievants could not be tested. All arbitration cases involved a single grievant. The results support the statistically significant relationship exists among these variables.

Arbitrator gender to case determination generated a probability of 0.614 and a chi-square value of 0.255. Arbirtrator experience and case determination generated a probability of 0.140 and a chi-square value of 3.933. Grievant gender and case determination generated a probability of 0.957 and a chi-square of 0.003. Attorney representation for the grievant and case determination generated a probability of 0.473 and a chi-square value of 0.514. Timeliness and case determination generated a probability of 0.165 and a chi-square value of 5.090. This study coincides with studies by Zirkel and Breslin (1995) and Zirkel (1983) which showed no statistically significant relationship between independent variables such as arbitrator and grievant gender, timeliness, and attorney representation to the dependent variable case determination.

Note(s)

The University of West Virginia College of Graduate Studies became the WV Graduate College in 1992 and was subsequently merged with Marshall University in 1997.

Subject(s)

West Virginia Education and State Employees Grievance Board.

Grievance arbitration – West Virginia.

Grievance procedures – West Virginia.

Arbitration (Administrative law) – West Virginia.

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