The Role of the Arbitrator! Dr. Howard Parish Arbitrator NCSCBHEP Monday April 12, 2010

Authority to Arbitrate  Steelworkers Trilogy  Private Sector vs Public Sector  Binding Arbitration  Advisory Arbitration

Challenges to arbitrability  Legal  Substantive  Procedural

Preparing the witnesses  Interview all potential witnesses individually  Evaluate and sequence selected witnesses in order of testimony  Meet with all witnesses as a group  Prepare Direct examination for each witness  Prepare each witness for Direct examination  Prepare each witness for Cross-examination  Get feedback from witnesses

Framing the issue Clarity Brevity Multiple Issues

Conducting the Hearing  Discipline vs. Contract Violation  Opening Statement  Direct Examination  Cross Examination  Summation  Oral, Written Brief, Rebuttal Brief

Summation  Oral Summary  Written Brief

Issues that Impact the Arbitrator By the Advocates Preparation Harassment Evasiveness Legalities Courtesy and Decorum Relevance Consistency Documents

Issues that Impact the Arbitrator By the Witnesses Personal Appearance Credibility Testimony Self-control

How Decisions are Made  The Collective Bargaining Agreement  Past Practice  Precedence  Equity  Basic Labor Conventions  Just Cause  Weingarten Rights  Progressive Discipline  Other Issues

You Decide the Issue  Sample Arbitration Cases to be decided: