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A job-related, "fair test" of ability, when used as one tool and not as the sole determining factor, has been established by arbitrators to be an appropriate selection instrument. If a test has been determined as being job-related (i.e., related to the actual performance of the job), has been administered and scored both fairly and consistently, it will be considered a "fair test." Generally, in union company contracts that mention testing, a "fair test" contains the above qualifications. Arbitrators have indicated that the union involved should be afforded the opportunity to see the test; it was made quite clear, however, that the union should not have the test. In all cases reviewed, tests were upheld by arbitrators when they (1) were "fair tests," and (2) did not conflict with the contract language. Past testing practice was not a determining factor when these two conditions existed. A total of 69 cases between 1953 and 1967 have been found relevant-27 from 1953 to 1962 and 42 from 1963 to 1967. In the first study, 1 cases were lost by a company; in six of these cases a company violated the unionscompany contract and in seven cases the test used did not qualify as a "fair test." A total of twelve cases were lost by a company in the second study; in two cases a company violated the union-company contract and in ten cases the test used did not qualify as a "fair test." [ABSTRACT FROM AUTHOR]