Suggestions for Labor Arbitration Advocates - Chapter 18 - AAA Handbook on Labor Arbitration & ADR, 3rd Edition
Barry Winograd is a full-time Neutral who serves on the roster of the American Arbitration Association. He is a Member of the National Academy of Arbitrators and a lecturer at the University of California, Berkeley School of Law. Previously, he was an administrative law judge for the Public Employment Relations Board in California.
CHAPTER 18 SUGGESTIONS FOR LABOR ARBITRATION ADVOCATES
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: