Originally from: AAA Handbook on Labor Arbitration and ADR - Third Edition

CHAPTER 18
SUGGESTIONS FOR
LABOR ARBITRATION ADVOCATES


Barry Winograd


Have you ever wondered how labor arbitrators approach cases? Is some special brand of justice applied, a secret ritual, or simple well-seasoned common sense? In anticipation of a recent labor management arbitration conference, I was asked to identify several “hidden principles” used in the labor field that might be helpful to advocates, especially those with less experience in the field. After speaking with a number of experienced arbitrators, I assembled their suggestions on handling labor cases.

Some were a bit tongue in cheek (e.g., make sure the arbitrator has a parking space near the hearing; if you choose to insult the arbitrator, it is best not to begin with the phrase, “With all due respect . . .”). Others were more serious, but perhaps not so hidden. Here are the most salient suggestions on the handling of labor cases: