Labor Relations Fundamentals for Community College Districts

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Determination of fitness and ability

 Factors considered in determining fitness and ability: (1) Tests; (2) Experience; (3) Training; (4) Trial period; (5) Supervisor’s opinion (and other references); (6) Production records; (7) Attendance record; (8) Disciplinary record; (9) Physical ability; and (10) Other personal characteristics.

c. Assignment of Duties and Tasks – Common Issues and Factors

 Establishing, eliminating and combining jobs and classifications

 Inter-job and inter-classification transfer of duties

 Unilateral employee determination vs. use of grievance procedure. Refusal to perform assigned duties; question of insubordination or safety and health.

4. H OW TO P RESENT A C ASE IN A RBITRATION

a. Statement of the Issue Before the hearing begins, the arbitrator will ask the parties to agree to a statement of the issue(s) before the arbitrator. The district should be prepared with a draft statement of the issue based on the grievance filed. Attempts by the opposing party to present a number of other issues to the arbitrator that were not a part of the original grievance should be met with strong objections. If this occurs, the arbitrator may decide to hear both parties' versions of the issue and rule on the issue as part of the award. Proceeding in this manner can have the detrimental effect of binding a district to a ruling on an issue that was neither grieved, nor considered in its preparation for the hearing. Instead, request that the arbitrator review the grievance documents and make a ruling on the issue statement prior to proceeding with the hearing. This way, the case can be presented most completely and efficiently. b. The Opening Statement The opening statement should be prepared with utmost care, because it lays the groundwork for the testimony of witnesses and helps the arbitrator understand the relevance of oral and written evidence. The statement, although brief, should clearly identify the issue, indicate what is to be proved, and specify the result management believes proper. The grievant’s request for relief should be specific. This does not necessarily mean that if back pay is demanded, for instance, it is essential for the complaining party to have computed an exact dollars-and-cents amount. But it does mean that the arbitrator’s authority to grant appropriate relief under the contract should not be in doubt. To avoid using valuable hearing time to work out the issue statement, the parties should attempt to stipulate to the issue statement well in advance of the hearing.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 43