Most national agreements do not provide for final and binding arbitration to resolve jurisdictional disputes. It is estimated that fewer than 5 percent of all jurisdictional disputes are resolved through a formal jurisdictional disputes process. Most are referred to the respective unions' general presidents for settlement.
The following outlines how jurisdictional disputes are settled under LIUNA’s various national agreements:
- National Distribution Agreement – referred to the general presidents
- Heavy and Highway Construction Project Agreement – referred to the general presidents
- National Pipeline Agreement – referred to Labor-Management Policy Committee whose decisions are binding
- Environmental Partnering Project Agreement – referred to general presidents
- General Presidents Agreement – referred to the General Presidents’ Committee for assistance in resolving the dispute
- National Maintenance Agreement - referred to a permanent umpire who renders a final decision
- National Construction Agreement (Brown Book) - referred to the general president
- National Specialty Agreement - referred to the general president
Agreements covered under The Plan for the Settlement of Jurisdictional Disputes in the Construction Industry are settled as follows:
- The local union files a dispute.
- International representatives are assigned to meet to try to adjust the dispute.
- If the dispute is not settled, the international union notifies the administrator in writing.
- Any directly affected party may request arbitration of the dispute within five days from the date the matter was referred to the administrator.
- The administrator sends the directly affected parties a list of impartial arbitrators.
- The directly affected parties and the employer have three days to cross off one arbitrator and number the remaining names in order of preference.
- The arbitrator holds a hearing within seven days.
- The arbitrator issues a final and binding decision within three days after the case is closed.
Factors determining an arbitrator's decision:
- Whether an agreement of record exists between the international unions
- If not covered by an agreement of record, the arbitrator considers a previous decision of record
- If a decision of record exists, either party may challenge the decision of record by demonstrating that an established prevailing practice exists in the locality of the work contrary to the decision of record
- If no decision of record exists, the arbitrator considers the established trade practice and the prevailing practice in the locality
- If no prevailing trade or area practice is found, the arbitrator considers economy, efficiency and past practices of the employer.