The parties to labor arbitration usually agree to a provision in their collective bargaining agreement (CBA) stating that the arbitrator's decision will be final and binding. Arbitration is typically the last step for resolving a labor and employment law dispute that was first raised through the grievance procedure.
The common experience: unions seem to run about a 50-50 chance of winning discharge and discipline cases, but a much lower percentage of cases involving contract language.
If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
During the arbitration, the employer and the union will each present their case and argue their position. The two parties may use witnesses and exhibits to support their case, but the strict rules of evidence used by judges generally do not apply. The arbitrator holds a hearing and decides issues an award.
Disputes that remain unresolved go through arbitration. During the arbitration, the employer and the union will each present their case and argue their position. The two parties may use witnesses and exhibits to support their case, but the strict rules of evidence used by judges generally do not apply.
Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.
Disputes that remain unresolved go through arbitration. During the arbitration, the employer and the union will each present their case and argue their position. The two parties may use witnesses and exhibits to support their case, but the strict rules of evidence used by judges generally do not apply.