2 credits In-depth analysis of use of arbitration to resolve both private and public sector labor disputes. In addition to readings, students analyze and discuss actual arbitration cases and issues. Covers contract interpretation, disciplinary arbitration and strategies and techniques in presenting an arbitration case. Students prepare and present an arbitration case in class and learn how to prepare witnesses, stipulate to the issue, present direct testimony and documentary evidence, and satisfy the burden of proof.
Students also prepare a closing brief.
Considerations for settlement are discussed in detail. Cases are viewed from a variety of perspectives, including that of the arbitrators in cases presented in class. Students have the opportunity to observe an actual labor arbitration conducted by the instructor.