PDF of Title Page and T.O.C.

Table of Contents

Forewords
Preface

Chapter 1: Introduction to Labor Arbitration
1:01 Introduction
1:02 Types of Arbitration--Binding and Advisory Arbitration
1:03 Types of Arbitration--Voluntary and Compulsory Arbitration
1:04 Types of Arbitration--Grievance and Interest Arbitration
1:05 Types of Arbitration--The Hybrid Called Med-Arb
1:06 Arbitration Compared with Other Dispute Resolution Methods
1:07 The Case for Arbitration
1:08 Common Mistakes that Reduce the Effectiveness of Arbitration
1:09 Controlling the Costs of Arbitration
1:10 The Need for Training

Chapter 2: The Legal Setting of Arbitration
2:01 Introduction
2:02 Section 301 of the Labor Management Relations Act
2:03 The Trilogy
2:04 Breach of Contract
2:05 Enjoining Strikes
2:06 Arbitrability
2:07 Statutory Claims
2:08 Duty of Fair Representation
2:09 Federal Civil Service
2:10 Interpretation of Collective Bargaining Agreement
2:11 State Court Jurisdiction
2:12 Claims Asserted Under State Law
2:13 Wrongful Discharge Claims
2:14 National Labor Relations Board Decisions

Chapter 3: Handling Grievances
3:01 Introduction
3:02 Negotiating Grievance Provisions
3:03 Grievance Arbitrations
3:04 Pertinent Contract Clauses
3:05 Disposition of Previous Grievances
3:06 Bargaining History
3:07 Past Practice
3:08 Past Disciplinary Action
3:09 Grievance Meetings
3:10 Responding to the Grievance
3:11 Negotiating Grievance Settlements
3:12 Failure to Resolve a Grievance

Chapter 4: Initiating Arbitration and Selecting an Arbitrator
4:01 Introduction
4:02 Role of an Arbitration Administrator
4:03 Demand for Arbitration
4:04 Submission Agreement
4:05 Ad Hoc Versus Permanent Arbitrators
4:06 Number of Arbitrators
4:07 Selection of an Arbitrator
4:08 What to Look for in an Arbitrator
4:09 Sources of Information About Arbitrators
4:10 Questions to Ask About Arbitrators
4:11 Reading an Arbitrator’s Resume
4:12 New Arbitrators
4:13 Applying for Listing on the AAA Labor Panel

Chapter 5: Preparing for the Arbitration Hearing
5:01 Introduction
5:02 Reviewing the Arbitration Clause
5:03 Reviewing the Grievance Steps
5:04 Conducting an Investigation
5:05 Selecting and Evaluating Witnesses
5:06 Preparing Witnesses
5:07 Subpoenas

Chapter 6: The Arbitration Hearing
6:01 Introduction
6:02 Selecting the Location and Date of the Hearing
6:03 Arranging for a Court Reporter
6:04 Preliminary Matters
6:05 Order of Proceedings
6:06 Stating the Issue
6:07 Stipulations
6:08 Marking Exhibits
6:09 Opening Statements
6:09 Order of Case Presentation
6:11 Types of Witness Examination
6:12 Swearing in Witnesses
6:13 Introducing Exhibits
6:14 Direct Examination of Fact and Expert Witnesses
6:15 Rebuttal Witnesses
6:16 Making and Responding to Objections
6:17 Closing Arguments and Post-Hearing Briefs
6:18 Conduct at Hearings
6:19 Ex Parte Hearings

Chapter 7: Arbitrating Discipline and Discharge Cases
7:01 Introduction
7:02 Just Cause Clauses
7:03 Seven Tests of Just Cause
7:04 Other Views of the Just Cause Standard
7:05 Progressive Discipline
7:06 Proof of Misconduct
7:07 Review of Penalty
7:08 Due Process
7:09 Public Policy

Chapter 8: Contract Interpretation
8:01 Introduction
8:02 Primary Rules of Interpretation
8:03 Other Rules of Interpretation
8:04 Past Practice
8:05 Bargaining History
8:06 Parol Evidence Rule
8:07 External Law
8:08 Effect of Prior Arbitration Awards and Court Decisions
8:09 Effect of Final and Binding Language
8:10 Effect of Prior Settlement of Grievance

Chapter 9: Arbitration Awards
9:01 Introduction
9:02 The Arbitrator’s Opinion
9:03 Use of Arbitral Precedent
9:04 Time Limits for Rendering the Award
9:05 Transmitting the Award
9:06 Consent Awards
9:07 Awards by Multi-Arbitrator Boards
9:08 Arbitration in the Absence of a Party or Its Representative
9:09 Interim Awards
9:10 Advisory Opinions
9:11 Functus Officio and Retention of Jurisdiction
9:12 Clarification or Interpretation of Awards
9:13 Modifying and Correcting Awards
9:14 Statutory Grounds to Vacate Awards
9:15 Other Grounds to Challenge Awards
9:16 Violation of the Duty of Fair Representation
9:17 Arbitrator Immunity from Testifying

Chapter 10: Public Sector Arbitration
10:01 Introduction
10:02 Role of the Grievance Procedure
10:03 Arbitrability Issues
10:04 Interest Arbitration
10:05 Fact Finding
10:06 Arbitration in the Federal Service
10:07 Constitutional Issues
10:08 Publication of Labor Awards

Appendices
Appendix A Table of Court Decisions and Arbitration Awards
Appendix B Glossary of Labor Arbitration Terms
Appendix C Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
Appendix D Federal Arbitration Act, Chapter 1
Appendix E Labor-Management Relations Act
Appendix F AAA Labor Case Management Offices

Index

Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.

Rocco M. Scanza is an attorney, arbitrator and mediator of labor and employment disputes. He is also the executive director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national vice president at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.

Jay E. Grenig is a professor of law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment ­disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a ­fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written ­numerous books and articles.