1 / 8

Disputes

Disputes. Generally, an arbitrator may only hear a “grievance” (as defined by the agreement) that is processed to arbitration arbitration the final step in the grievance procedure If matter is not a grievance May not be raised through the grievance procedure Is not arbitrable

dakota
Télécharger la présentation

Disputes

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Disputes • Generally, an arbitrator may only hear a “grievance” (as defined by the agreement) that is processed to arbitration • arbitration the final step in the grievance procedure • If matter is not a grievance • May not be raised through the grievance procedure • Is not arbitrable • A case is not arbitrable if an arbtrator is not authorized to hear it

  2. Arbitrability • An argument by one party, usually the employer, that the arbitrator does not have the authority to hear the case • Processing a case through the grievance procedure does not mean that the employer acknowledges that it is arbitrable • Arbitrability contention must be raised through the grievance procedure • “Waived” or “Maintained”

  3. Two Types of Arbitrability • Procedural Arbitrability • Party (union) did not meet the procedural requirements of the procedure • Time limits • Waiver by parties? • Did not properly specify grievance • Substantive Arbitrability • The complaint of the grievant/union does not meet the requirements of a grievance as defined in the collective bargaining agreement • Blend of Procedural and Substantive • Example – an amendment of the grievance

  4. Resolving Arbitrability Disputes • Procedure • Technically by courts • Practically by arbitrator • Doubt to be resolved in favor of arbitrability • U.S. Sup. Ct. in Warrior and Gulf • Preference for arbitration and parties process for resolving dispute

  5. Arbitrator Resolution of Arbitrability Issue • Single Hearing (most common) • Parties agree to submit to arbitrator • Arbitrability • Merits • Arbitrator will first decide arbitrability • Not arbitrable – no decision on merits • Arbitrable – decision on merits • Bifurcated Hearing • First Hearing on abitrability • If arbitrable, second hearing on merits

  6. Arbitrator Selection Systems • Ad Hoc • Federal Mediation and Conciliation Service • State Agency (Michigan Employment Relations Commission) • American Arbitration Association (private) • Permanent Panel • Rotate • Earliest hearing date • Single Umpire

  7. Issues Associated with Selection Systems • Ad Hoc • Arbitrator clean slate, absence of preconceptions • Not familiar with industry or parties • Permanent Panel • Familiar with parties • May have preconceptions of parties • Single Umpire • Similar to permanent panel • Certainty

  8. Scope of Arbitrator’s Authority • Narrow • Limited by • collective agreement • arbitrator may not render a decision inconsistent with the collective agreement • “may not add to, subtract from, modify, or otherwise alter” • Issue presented • Record provided • What evidence to be considered? • Entire agreement or only those provisions cited?

More Related