ILRGL 4022/6022: Arbitration in the Workplace: Theory and Practice- Fall 2024: Background

Hardbound - New, hardbound print book.

Today, 95 percent of all labor contracts in the United States provide for arbitration. Indispensable to sound contract management, arbitration orchestrates the resolution of disputes by a neutral third party. Since parties who reach the process of arbitration are no longer interested in compromise or mutual accommodation, arbitrators, unlike mediators, do not have to work out arguments or propose possible solutions. They simply hear evidence and make a decision based on the facts as presented--without being bound by rules of evidence or precedents. For both sides, the key to a successful outcome lies in their advocates' ability to present and document their case. Providing guidance for labor and management advocates, this resource guide contains a practical analysis of arbitration from the participant side with a view to avoiding the problems and pitfalls of the process. Written for those who do not deal with the intricacies of arbitration on a day-to-day basis yet have a responsibility to their company should such situations arise, it begins with the very basics of the arbitration concept, including discipline and discharge procedures. It then provides detailed guidelines for presenting an organization's position effectively, and it discusses important principles and practices every advocate should know. Additional topics include grievance procedure time limits; methods for researching and selecting the arbitrator; and recommendations regarding witness conduct. Practices of the actual arbitration such as objections, admissible evidence and credibility of evidence are also discussed. Extensive references to pertinent statutes and case law round out this informative guide.

This book is a handbook to guide lawyers as well as lay employer and union advocates in preparing and presenting their cases to a neutral arbitrator or board of arbitration. It leads the reader through each step of the labor arbitration process, particularly to see the arbitration process from the perspective of the advocate and to evaluate the strategies and tactics often employed by experienced advocates in case preparation and presentation. It is also designed for union and management lawyers and lay advocates alike. In virtually all aspects of case preparation and presentation, the tasks and skills of a union advocate are mirror images of those of his or her employer counterpart, and vice versa. Although union advocates almost always represent the individual(s) bringing the grievance (the "grievant(s)" or "complainant(s)") and the union that represents him/her/them (which is defending the case), the specific steps in preparation and presentation of the case are identical for each side. In the many examples and practical tips found throughout the book, both union and employer perspectives are reflected. This book deals solely with labor arbitration, advocates may nevertheless find themselves with a case in other related arenas, such as employment disputes in non-union settings, and may find relevant and useful information in most of the chapters of this book.