Grievances arbitrated typically fall into two general categories: 1) employee discipline and discharge; and 2) contract provisions on other matters, such as wages, benefits, hours of work, etc. 

Arbitration of such labor grievances involves application of a special and unique body of law. In discipline and discharge cases, applicable principles include progressive discipline and just cause. In arbitrating other cases, numerous contract interpretation principles such as past practice, industry practice, and bargaining history are applied.

An important part of arbitration is choosing an arbitrator, usually from a panel of experienced arbitrators. Knowledge of and experience with various arbitrators in the community is extremely helpful in making this choice.

The arbitration procedure generally involves a hearing, which is less formal than a court proceeding, followed by submission of written briefs. 

Often, unions choose not to be represented by attorneys, and submit only rudimentary briefs. Representation by an attorney and thorough briefing of the issue can give an employer a decisive edge.

For many years, the attorneys of Harris Dowell Fisher & Harris, L.C. have represented employers in grievance arbitration. We bring to this process:

• The knowledge and experience with area arbitrators to assist in arbitrator selection. 

• The trial skills and experience to successfully present important issues at arbitration hearings. 

• Knowledge of the unique body of law applicable to arbitration.

• The research and writing capabilities to present the strongest case possible in arbitration briefs. 

Contact us to discuss how we may best assist you in this regard.

Related Pages:

• Labor Contract Administration

• Arbitration

For Further Information:

• Introduction to the union grievance process
• American Arbitration Association