NCJ Number
54414
Journal
Public Personnel Management Volume: 7 Issue: 5 Dated: (SEPTEMBER-OCTOBER 1978) Pages: 295-301
Date Published
1978
Length
7 pages
Annotation
DECISIONAL CRITERIA USED BY ARBITRATORS ARE DISCUSSED ALONG WITH THE 'DE MINIMUS' RULE, THE MAJOR-MINOR TEST, PROMISSORY ESTOPPEL, PAROL EVIDENCE, CONTRACT LANGUAGE, PAST PERFORMANCE, AND EQUITY IN LABOR RELATIONS.
Abstract
THIS SIMPLIFIED DISCUSSION IS DESIGNED TO HELP MANAGERS AVOID ACTIONS WHICH ARE LIKELY TO LEAD TO GRIEVANCES, ASSESS THE STRENGTH OF THEIR CASE SHOULD A GRIEVANCE BE FILED, AND HELP THEM THROUGH THE ARBITRATION PROCESS. IT IS POINTED OUT THAT THE GROWING USE OF ARBITRATION MEANS THAT, THERE IS GREATER LIKELIHOOD OF A MANAGER APPEARING AS A WITNESS IN AN ARBITRATION SUIT TODAY THAN WAS TRUE IN YEARS PAST. THE RELATIONSHIP BETWEEN ARBITRATION AND A COURT APPEAL IS EXPLAINED. THE FORM OF THE SUBMISSION AGREEMENT IS DISCUSSED AND THE BASIC ASSUMPTIONS OF ARBITRATORS ARE REVIEWED. CRITERIA WHICH ARE USED TO DECIDE IF A MANAGEMENT ACTION WAS CAPRICIOUS, ARBITRARY, OR DISCRIMINATORY ARE EXPLAINED AND THE IMPORTANCE OF VARIOUS LEGAL TESTS ARE ASSESSED. THE DIFFERENCES BETWEEN RULES OF EVIDENCE AS APPLIED BY COURTS AND BY ARBITRATORS ARE EXPLAINED. IT IS EMPHASIZED THAT, ALTHOUGH ARBITRATION SESSIONS ARE LESS FORMAL, THE VALIDITY OF THE EVIDENCE IS STILL IMPORTANT. THE BURDEN OF PROOF FALLS ON THE PARTY ASKING FOR ARBITRATION. THE PROCEDURES FOR THIS ARE EXPLAINED ALONG WITH THE WEIGHT GIVEN TO VARIOUS TYPES OF EVIDENCE. A FINAL SECTION EXPLAINS THE ARBITRATION SYSTEM AND DESCRIBES THE PANELS OF ARBITRATORS MAINTAINED BY THE NATIONAL MEDIATION BOARD, THE FEDERAL MEDIATION AND CONCILIATION SERVICE, AND THE AMERICAN ARBITRATION ASSOCIATION. REFERENCES ARE GIVEN. (GLR)