Successful Arbitration - An Experiential Approach

• NCJ Number: 94797
• Author(s): R D Elkin; T L Hewitt
• Date Published: 1980
• Length: 99 pages
• Language: English
• Country: United States of America

Annotation

These learning exercises in arbitration require the student to prepare two types of cases -- hearings on contract interpretation and discharge situations -- and present them before an arbitrator in a mock arbitration hearing.

Abstract

In the first case exercise, management has made a policy change and enforced it without communicating the policy change to the employees; a grievance has evolved and gone to arbitration. The second exercise involves two issues. The first may shortcircuit the process before the main grievance is arbitrated. There is a question as to whether the grievance procedure has been followed. The third problem is a discharge situation set in the private sector. It involves an employee-foreman dispute of the type most often heard in arbitration. Discharge in the grocery industry is the issue in the fourth hearing; a baker has been fired for concealment of company property. For each exercise, the student is assigned to a labor or management team to prepare and present the case. The materials with which the student works include a statement of the issues involved, pertinent contract language, background information, grievance forms, union or association position, management position, and some guidelines and forms to aid in hearing preparation and presentation.