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 TWO - Preview Page

HOW TO SELECT A LABOR ARBITRATOR

Arbitrators are chosen in various ways. Many contracts contain a
reference to the Labor Arbitration Rules of the American Arbitration
Association. This chapter describes how arbitrators are chosen under
that system.

No part of the arbitration clause is more important than how the
arbitrator will be selected. The predictability of arbitration depends
upon the knowledge, experience, and understanding that the arbitrator
brings to the hearing.

A survey of AAA cases indicates that many local unions and
employers have only one or two arbitrations per year. Representatives
of such parties may be unfamiliar with the relative abilities of
individual arbitrators. In contrast, other practitioners use labor
arbitration constantly and come to know the arbitrators very well. A
selection process that is appropriate for the experienced labor lawyer
might not meet the needs of the novice.

The tripartite system, once popular, now seems unnecessarily
complicated. In labor arbitration, the so-called party-appointed
arbitrator is often an advocate. Most parties prefer a system in which
the case is presented to one impartial arbitrator. In that way, everything
is in the open. Employees tend to distrust tripartite panels, suspecting
that deals and compromises take place. The trend in grievance
arbitration is toward one neutral arbitrator.

Careful consideration should be given to the selection process set
forth in the collective-bargaining agreement. Most labor arbitration
provisions guarantee parties the right to participate in the selection of
an arbitrator. The facts and circumstances of the case and full
information about available arbitrators should be carefully appraised by
the parties before a selection is made. This process should result in an
appointment of the best available arbitrator. It is here that the AAA
system displays its strength.