Arbitration Strategy for Labor and Management Advocates

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.

The late Walt Baer served as Vice President of Labor Relations and Human Resources at a number of major companies. A former arbitrator, negotiator and mediator in various labor negotiations, he was the author of thirteen other books discussing a vast array of labor relations subjects and issues. He lived in Arizona.

Walt Baer
Format: softcover (6 x 9)
Pages: 265
Bibliographic Info: notes, bibliography, index
Copyright Date: 2007
pISBN: 978-0-7864-2796-3
eISBN: 978-1-4766-0658-3
Imprint: McFarland

Introduction      1

1. The Total Agreement      3

2. Understanding the Four Sides of the Labor Agreement      22

3. Implied Limitations in the Contract      38

4. Discipline or Discharge of Union Officials      47

5. Grievance Procedure Time Limits      59

6. Arbitrability      79

7. Some Basic Principles of Discipline      94

8. Precedent Value of Arbitration Awards      104

9. Avoiding Some Pot Holes      110

10. Procedures for Selecting the Arbitrator      134

11. Researching the Arbitrator      144

12. Preparing Your Case      154

13. Arbitration and Advocacy      171

14. Principles and Practices      202

15. Past Practice: The No Man’s Land of Labor Arbitration      216

16. Standards Determining a Fixed and Established

Conclusion      243

Citations      245

Bibliography      251

Index      253