NCJ Number
94126
Date Published
1982
Length
298 pages
Annotation
This step-by-step guide to the arbitration process moves from initial filing of the grievance to the final resolution by the arbitrator, discussing basic procedures, relevant authoritative decisions, applicable statutes, and commonly encountered problems.
Abstract
The manual initially surveys the history of arbitration, its use in labor disputes, and its benefits and disadvantages. The outline of the grievance procedure covers who may file, the filing process, processing the grievance, and settlements. The book also addresses who can hear the case, State and Federal laws relevant to arbitration, prearbitration procedures, and preparing a case for the hearing. Guidelines regarding the opening of a hearing explain the role and conduct of all involved parties, the hearing kit, arrangement of the hearing room, recesses, and basic procedures. Witnesses, examination, and hearsay are the major areas considered under presentation of the case, while a subsequent section on closing the hearing discusses final arguments and administration procedures, such as publication of the award and retention of jurisdiction. Guidelines to the final states of arbitration focus on the rule of contractual interpretation, remedies, and enforcement of the award. The reference work surveys the use of labor-management arbitration in the United States, international arbitration mechanisms, and Canadian arbitration. The appendixes contain the United States Arbitration Statute, citations to State arbitration statutes, the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes, the proposed Uniform Arbitration Act, a table of subpoena and discovery rules by States, and a glossary.