Arbitration in the resolution of collective labor disputes

Collective labor agreements are where one side is a labor union and the other side is a non-union member employer or an employer union. Disputes arising from collective labor agreements are called collective labor disputes. In Turkish law, collective labor disputes are divided into two. These are collective rights disputes and collective interest disputes. Collective labor disputes can be resolved peacefully as well as non-peacefully. The peaceful resolution of these disputes is mainly through mediation and arbitration. And the nonpeaceful solutions are called strikes and lockouts. Trade Unions and Collective Bargaining Act No. 6356 adopted voluntary arbitration, enforcement and interpretation action for the resolution of collective rights disputes. Although the Act No. 6356 provides an opportunity for voluntary arbitration for the resolution of collective rights disputes, the parties to the dispute often choose the judicial path in practice and overlook arbitration. Collective interest disputes, according to Act No. 6356, are disputes that may be the subject of voluntary arbitration or strikes and lockouts. Act No. 6356 as a rule, with a few exceptions, allows voluntary arbitration for the resolution of collective interest disputes. In Turkish law, there are three cases in which compulsory arbitration is envisaged in disputes of collective interest. These cases are; situations where strikes and lockouts are prohibited, cases where strikes and lockouts are postponed and situations in which the strike ballot results against the said strike. In practice, it is quite rare for the parties to take the disputes of collective interest to voluntary arbitration unless there is a legal obligation. In this context, in our study, the resolution of collective labor disputes by arbitration will be examined in general and although arbitration is regulated in detail in the Act No. 6356, it will be researched why it is not common in practice, what problems arise in arbitration proceedings, and suggestions for the solution of these problems are presented. Key Words: Arbitration, Collective Labor Disputes, Collective Labor Agreements, Voluntary Arbitration, Compulsory Arbitration.