The Arbitration Hearing - Chapter 6 - Fundamentals of Labor Arbitration

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.

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Originally from Fundamentals of Labor Arbitration

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6:01 INTRODUCTION

The purpose of the arbitration hearing is to give each party a full and fair opportunity to present its case to the arbitrator. Compared with judicial proceedings, arbitration hearings are relatively informal. There are no formal pleadings, there is usually no formal discovery, and the rules of evidence are liberally applied.

6:02 SELECTING THE LOCATION AND DATE OF THE HEARING

In order to hold a hearing, the location and date for the hearing must be determined. In arbitrations administered by the American Arbitration Association, the AAA case manager coordinates the determination of the date of the hearing with the parties and the arbitrator.

The AAA may also determine the location for the hearing if the parties are unable to decide, or if the location is not stated in the collective bargaining agreement. If the parties select the place of the hearing, they should choose a location convenient for witnesses. If each party insists on a different place (for example, the employer wants to arbitrate at its place of business, while the union wants the location to be the union hall), they may agree to a proposal to arbitrate in a neutral place, such as a hotel or a hearing room at the nearest AAA regional office. If the space must be rented, the parties should agree in advance how this expense will be shared.

If the AAA is not administering the case, the parties determine the hearing location and, with the arbitrator’s input, the hearing date. The parties should request from the arbitrator dates when the arbitrator is available to hear the matter. When the parties receive the possible dates, they select one of the suggested dates (unless none is satisfactory, in which case they ask for more possible dates) and notify the arbitrator of the selection. Before making that selection, the parties should clear the hearing date with witnesses and other persons who must be present at the hearing. Once the hearing date is selected, one of the advocates notifies the arbitrator in writing of the date, place and time of the hearing.

Table of Contents:

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