Initiating Arbitration and Selecting an Arbitrator - Chapter 4 - 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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4:01 INTRODUCTION

Deciding whether to initiate a labor arbitration after the employer has denied a grievance is the Union’s choice, or to settle or withdraw the grievance, a union should consider the following:

• Does the case involve a significant principle that is important to the future of the employment relationship?
• If so, is the principle important enough to justify the expense of arbitration?
• What are the likely consequences of a decision against you? Will an adverse award set an important precedent that will create serious problems for you? Will it harm the long-term relationship between the parties?
• What are the likely consequences of a decision in your favor? In some situations, a favorable decision may have negative consequences on future labor relations.
• What evidence, including witness testimony and documents, is available to support your position?
• What evidence, including witness testimony and documents, is available to support the other party’s position?
• How strong are the arguments in favor of your position?
• How strong are the arguments in favor of the other party’s position?
• Is a reasonable settlement possible?
• Is the subject of the dispute more appropriate for negotiation than arbitration?
• What will be the effect of further delay in resolving the dispute?

Table of Contents:

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