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Decision, Decisions: How Arbitrators Make The Fina Essay

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Decisions, Decisions:
How Arbitrators Make the Final Call

Executive Summary
You might think that your collective bargaining agreement is written with clear and unambiguous contract language. It isn't. And you might think that every provision agreed upon at the negotiation table was well understood. It wasn't. What comes next may be a grievance.
When a grievance arises between two parties, the first place to go is the collective bargaining agreement.   And if the grievance makes it to arbitration, there are integral factors the arbitrator will consider when reviewing the case. Two of those main factors include: Labor contract language and past practice.
This paper will help you gain a basic understanding of the grievance process, and what happens should the grievance go to arbitration. The following pages examine arbitration cases and how the arbitrator came to his or her decision by utilizing the facts and reasoning revealed through the contract language and past practice.
Decisions, Decisions:
How Arbitrators Make the Final Call
Like it or not, your collective bargaining agreement is probably poorly written. Well, at least in part. However, don't be alarmed as it's the nature of the beast. There is just no way to fit every single possible provisional scenario onto 15 pages of white space. So, inevitably, you'll have grievances. And when you can't resolve the dispute using the initial steps of the grievance procedure, its time to move on to the final step – arbitration.
Assuming the grievance is arbitrable, the arbitration hearing is conducted by an arbitrator who has been mutually selected by the parties involved. Strangely enough, there are no real rules for grievance arbitration like there are in the judicial system. Nevertheless, there are some normal procedures in carrying out the process, such as:
An opening statement by both sides
The presentation of evidence, witnesses, and arguments
Cross examinations
Closing statements
The arbitrator's...

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MLA Citation

"Decision, Decisions: How Arbitrators Make The Fina". Anti Essays. 12 Dec. 2018

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APA Citation

Decision, Decisions: How Arbitrators Make The Fina. Anti Essays. Retrieved December 12, 2018, from the World Wide Web: http://trenmayamx.com/free-essays/Decision-Decisions-How-Arbitrators-Make-The-191210.html