The Collected Works of Ambrose Bierce, Volume 11: AntepenultimataBierce, Ambrose
General
The Collected Works of Ambrose Bierce, Volume 11: Antepenultimata
Bierce, Ambrose
American essays; American literature
Let us, then, look at arbitration more nearly; in our time it is, in
form at least, something new. It began as “international arbitration,”
which already, in settling a few disputes of no great importance,
has shown itself a dangerous remedy. In the necessary negotiation to
determine exactly what points to submit, to whom, and how, and where,
and when to submit them, scores of questions are raised, upon each of
which it is as easy to disagree and fight as upon the original issue.
International arbitration may be defined as the substitution of many
burning questions for a smouldering one; for disputes that have reached
a really acute stage are not submitted. Nor, despite all “treaties,”
will a powerful nation arbitrate anything that it considers vital to
its honor or welfare.
Industrial arbitration is no better; it is manifestly worse, and any
law enforcing it, and enforcing compliance with its decisions, is
absurd and mischievous. “Compulsory arbitration” is not arbitration;
the essence of which is voluntary submission of differences and
voluntary submission to judgment. If reference or obedience is enforced
the arbitrators are simply a court with no powers to do anything but
apply the law. Proponents of the fad would do well to consider this:
If a party to a labor dispute is _compelled_ to invoke and obey a
decision of arbitrators, that decision must follow strictly the line
of law; the smallest invasion of any constitutional, statutory or
common-law right will enable him to upset the judgment. No legislative
body can establish a tribunal empowered to make and enforce illegal
or extra-legal decisions; for making and enforcing legal ones the
tribunals that we already have are sufficient. This talk of “compulsory
arbitration” is the maddest nonsense that the industrial situation has
yet evolved. Doubtless it is sent upon us for our sins; but had we not
already a plague of strikes?
Arbitration of labor disputes means compromise with the unions. It
can, in this country, mean nothing else, for the law would not survive
a half-dozen failures to concede some part of the workmen’s demands,
however reasonless. By repeated strikes they would eventually get all
their original demand and as much more as on second thought they might
choose to ask for. Each concession would be, as it is now, followed by
a new importunity and the first arbitrators might as well allow them
all that they demand and all that they mean to demand hereafter.
Public-domain text, read in full here on John Shaqi.
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