NCJ Number
110123
Date Published
1988
Length
161 pages
Annotation
This text analyzes the arbitration process from the perspective of the participant and provides practical advice for selecting an arbitrator, preparing a case, advising witnesses, questioning witnesses, and handling other aspects of arbitration.
Abstract
The guidelines are intended for use by both management and union participants. The advice emphasizes the need for thorough, comprehensive, and detailed preparation, with attention to every argument, witness, exhibit, precedent, and detail and the use of a systematic, methodical, organized and chronologically purposeful presentation. Individual sections focus on the evaluation of arbitral candidates, the interviewing of witnesses, direct examination, cross-examination, the use of argumentative questions, the role of evidence, and the burden of proof. Further sections explain management's reserved rights in arbitration, grievance and arbitration provisions, the precedent value of arbitration awards, the discharge and discipline of union representatives, past practice and custom, the standard of just cause, issues relating to subcontracting, and conditions for arbitrability of an issue. Chapter notes and index.