On April 3, National Academy of Arbitrator President William McKee sent a letter to the Pittsburgh Post-Gazette Editorial Board in reference to an March 17 editorial titled “For a better, more accountable police force, reform Act 111 arbitration.” In the letter, Mr. McKee addressed the editorial’s portrayal of arbitration as entirely beyond the court’s jurisdiction and its failure to adequately address the importance of collective bargaining agreements. By suggesting that arbitration is untouchable by the court, it overlooks the potential benefits of Public Policy Exceptions. Additionally, the editorial misrepresents the role of the mayor in addressing this issue, as it primarily falls under legislative jurisdiction.
His letter outlining the misrepresentations is below
April 3, 2024
Dear Pittsburgh Post-Gazette Editorial Board:
I am writing to you as President of the National Academy of Arbitrators, the principal organization for the most experienced and trusted labor arbitrators in the United States and Canada. Many of our members have 40 or more years of experience as an arbitrator, as do I. After reading your editorial titled “For a better, more accountable police force, reform Act 111 arbitration,” I want to reach out and offer the resources of the Academy for future reporting.
While I understand the intent of your piece was to advocate for Public Policy Exceptions, the cases you mention likely would not meet that standard, as indicated in the final paragraph of the editorial. Portraying arbitration as simply beyond the reach of the court also does an injustice to the long-standing value of collective bargaining agreements, which have been shown to protect employees, employers, and the workplace in general for decades in an efficient and appropriate manner. It is also worth noting that this is primarily a legislative matter and not something that could be changed by the mayor, as mentioned in the editorial.
I would like to extend an invitation to discuss the arbitration process further with your editorial or reporting staff. Additionally, we have members in the Pittsburgh area who could provide insights into Article 111 and the complexities surrounding the issue of a Public Policy Exception.
I am eager to engage in helpful dialogue and look forward to hearing from you.
Sincerely,
William McKee, President
National Academy of Arbitrators