Labor Relations Fundamentals for Community College Districts

Because of the importance of the opening statement, some parties prefer to present it to the arbitrator in writing, with a copy given to the other side. They believe that it may be advantageous to make the initial statement a matter of permanent record. We recommend however, that you make the opening statement orally even when it is prepared in written form, because an oral presentation adds emphasis and gives persuasive force to the position. Before or just after opening statements are made, the parties are frequently able to stipulate to facts about the contract and the circumstances that gave rise to the grievance. Giving the arbitrator all the uncontested facts early in the hearing saves time and can thereby reduce costs.

Tips in preparing your opening statement:

 Outline the issues—what you will prove and specify the result you believe appropriate.  Decide whether to present the opening statement in writing or orally. An oral opening statement is usually more effective.

 Consider highlighting the undisputed facts that work in your favor.

c. Presenting Documents Documents are often an essential part of a labor arbitration case. Most important is the collective bargaining agreement itself, or the sections that have some bearing on the grievance. Documentary evidence may also include records of settled grievances, jointly signed agreements, correspondence, official minutes of contract negotiation meetings, personnel records, medical reports and wage data. Every document should be properly identified. This material should be presented to the arbitrator (with a copy made available to the other side), but an oral explanation of the significance of each document should not be omitted. In many instances, key words, phrases and sections of written documents may be underlined or otherwise marked to focus the arbitrator’s attention on the essential features of the case. Documentary evidence can be persuasive if properly presented.

Tips in preparing your documentary evidence:

 Identify the documents you will use as evidence (the collective bargaining agreement, correspondence with the grievant and/or the union, your district policies, rules, procedures, etc.)  Authenticate the documents (locate the original copies and verify the author, the recipient and the date received)

 Make copies for the arbitrator and the opposing side

d. Examining Witnesses There are two different types of questioning that can occur in arbitration or trial—“direct examination” and “cross examination.” “Direct examination” refers to questions that an attorney or other representative asks his/her own witnesses. These questions should be broad and will

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 44