1. So you are going to arbitrate - now what?
Howard Parish
Arbitrator/Mediator

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

3. Challenges to arbitrability
Legal
Substantive
Procedural

4. Prior to Hearing Subpoena’s Steno Record Use of Tape Recording
Preparing the witnesses

5. 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

6. Preliminary Procedures
Social Amenities
Review Prior Understandings
Stipulating the issue
Settlement efforts
Exhibits
Stipulations of fact
Request to Sequester

7. Framing the issue
Clarity
Brevity
Multiple Issues

8. Going on the Record Arbitrator’s opening The Official Record
Sets the ground rules
Identifies the stipulations
Lists the exhibits
States the issue
The Official Record

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

10. Opening Statement
Oral
Written
Purpose

11. Direct Questioning
Establish Witnesses Identity , Competence and position in with employer
Establish witnesses relationship to the case
Get out the facts ASAP
Use the what, where, why,when, and how form of questioning.
Ask only about what that the witness has seen, heard or knows.
Ask only about issues that are relevant to the case.
Ask only one question at a time
Avoid negatives
Make questions brief.
Avoid legalize

12. 10 Commandments of Cross Examination
1. Be Brief
2 . Short Questions, Plain Words
3. Ask only leading questions
4. Never ask a question to which you don’t know the answer!
5. Listen to the answer.
6. Do not quarrel with the witness.
7. Do not permit the witness to explain.
8. Do not ask witness to repaeat the testimony given on direct examination.
9. Avoid one question too many.
10. Save the explanation for the summary

13. Summation
Oral Summary
Written Brief

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

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

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

17. Seven Tests of Just Cause
1.Notice
2. Reasonable Rule of Order
3. Investigation
4. Fair Investigation
5. Proof
6. Equal Treatment
7. Penalty

18. Arbitrator’s Award The Award Bench Decision Expedited Award
Interim Award
Full award
Grounds for Vacating
Corruption
Fraud
Undue Means
CBA
Evident Partiality

19. You Decide the Issue
Sample Arbitration Cases to be decided: