NCJ Number
98949
Date Published
1984
Length
18 pages
Annotation
This paper examines arbitration principles for handling cases where employees who will be significantly affected by the arbitration decision are not fairly represented in the hearing, notably in cases involving layoffs, promotions, and employee discipline.
Abstract
The paper's introduction identifies arbitration cases that involve a union's support for the rights of one employee to the detriment of the rights of another employee, e.g., in layoffs and promotions. Another example of less than wholehearted union support for an employee impacted by an arbitration decision involves discipline cases where the union, for one reason or another, desires to have the employee disciplined. Subsequent sections of the paper guide the arbitrator in ensuring that the rights of all impacted employees in a given case are considered in the hearing. The arbitrator's responsibility to ensure such fair respresentation is reported to rest on various court decisions which indicate that a union has a duty to represent all employees fairly in the negotiation and administration of contracts. Included in the advice offered arbitrators in implementing fairness is (1) having all employees impacted by the arbitration decision present at the hearing to present evidence and argument and (2) specifying the procedures used to ensure the fair representation of all parties impacted by the decision. The paper also discusses procedures for handling cases that involve presentations by more than two parties with varying input for the hearing. The concluding section of the paper discusses the arbitrator's function when an employee has a potential statutory right that overlaps a labor contract right.