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Avoiding Arbitration

Avoiding Arbitration. In contract and practice. Provision to Consider when Negotiating Grievance Procedures. Ban late submission of requested evidence Employer pays for transcript, copy to union Mandate grievance meetings; missing or tardy answer triggers appeal Grievance Mediation option

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Avoiding Arbitration

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  1. Avoiding Arbitration In contract and practice

  2. Provision to Consider when Negotiating Grievance Procedures • Ban late submission of requested evidence • Employer pays for transcript, copy to union • Mandate grievance meetings; missing or tardy answer triggers appeal • Grievance Mediation option • Restricting arbitrators jurisdiction • If go to court can’t arbitrate • If termination unwarranted reinstate with full back pay, no lesser discipline

  3. Settlement Inducements • Settle without precedent avoids decision • Settle with last chance agreement • Settle in package grievance trade off • Meet prior to arbitrators cancellation fee • Meet prior to hearing • agree on issue,exhibits, last try to settle • Admit to facts, focusing on remedy

  4. Risks of an Arbitrator’s Decision • Gauging the arbitrator at the hearing • Devil’s advocate • Trying not to show the mind is made up • Hoping to rekindle response • insist on rulings (for what it may be worth) • Pay attention to arbitrability challenge • Circumstantial evidence counts • Don’t count on hearsay • Never too late to settle, or call for caucus

  5. Impact of Losing a Case • New precedent, negotiate back to status quo • Impact on other similar pending cases • Shows management that union is beatable • Cost • Membership perception of union strength • Potential of law suit DFR

  6. Risk of Winning A Case • Employer pushes other cases to arbitration • Employer seeks contract redress or payback • Loss of a preferred arbitrator • Minimizes future likelihood of settlements • Cost

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