Labor Relations Fundamentals for Community College Districts

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Was the answer simple and understandable?

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Were appeal rights explained?

The same rules for answering grievances for first-line supervisors apply to higher supervision. The grievance should be answered quickly and fairly with a full oral explanation of management’s position.

LCW Practice Advisor

Review the Follow-Up

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Make sure any action you promised was carried out

J. P REPARING FOR THE A RBITRATION /A PPEALS H EARING Some grievance procedures end in advisory or binding arbitration. Arbitration is a traditional means of enforcing labor agreements, and is favored by public policy. If a grievance is appealed to the final step of arbitration, a supervisor or administrator may be involved in preparation for the hearing and presentation of the district’s case.

1. A RBITRATION P REPARATION P ROCEDURES AND T ECHNIQUES

[Part of the following is reprinted from the American Arbitration Association’s Labor Arbitration Procedures and Techniques.]

By the time a case reaches arbitration, parties have generally spent many weeks, if not months, in discussing the grievance. In these discussions, they have become familiar with all the complications of the matter. The problem then remains of communicating this understanding of the facts to the arbitrator who, as a rule, knows very little detail about the dispute until the hearing begins. Supervisors may be required to testify or otherwise assist in the district’s presentation during grievance arbitration. Effective presentation of these facts and arguments should begin with thorough preparation for arbitration. The following steps are suggested:

 Study the original statements of the grievance and review its history through every step of the grievance machinery.  Examine carefully the initiating grievance (Submission or Demand) to help determine the arbitrator’s role. It might be found, for instance, that while the original grievance contains many elements, the arbitrator, under the contract, is restricted to resolving only certain aspects.  Review the labor agreement from beginning to end. Often, clauses that at first glance seem to be unrelated to the grievance will be found to have some bearing on it.  Assemble all documents and papers you will need at the hearing. Where feasible, make copies for the arbitrator and the other party.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 40