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Arbitration Strategy for Labor and Management Advocates (Paperback)
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Arbitration Strategy for Labor and Management Advocates (Paperback)
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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.
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