Originally from:
Labor Arbitration: What You Need to Know - Revised 5th Edition - Hardcover
Labor Arbitration: What You Need to Know - Revised 5th Edition- PDF

CHAPTER THREE - Preview Page
THE ARBITRATION HEARING

By the time a case reaches arbitration, representatives of both
parties will have spent many hours discussing the grievance. In these
talks, at each level of the grievance procedure, they have become
familiar with all the facts and complications of the matter. If they are
unable to settle the case, they must prepare themselves to present the
facts to an arbitrator who knows nothing about the dispute until the
hearing begins.

Effective presentation of the facts and arguments begins with
thorough preparation. The following steps are recommended:
1. Study the original statement of the grievance and review its
history through every step of the grievance machinery.
2. Review the collective bargaining agreement. Clauses which at
first glance seem unrelated to the grievance may be found to have some
bearing.

3. Assemble all documents and papers you will need at the hearing.
Make photocopies for the arbitrator and for the other party. If some of
the documents you need are in the possession of the other party, ask
that they be brought to the arbitration. The arbitrator usually has
authority to subpoena documents and witnesses if they cannot be made
available in any other way.

4. Interview all of your witnesses. Make certain they understand
the theory of your case, as well as the importance of their own
testimony. Run through the testimony several times. Rehearse the
probable cross-examination.

5. Make a written summary of the testimony of each witness. This
can be useful as a checklist at the hearing to ensure that nothing is
overlooked.

6. Study the case from the other side’s point of view. Be prepared
for opposing evidence and arguments.