• 7 steps to an effective grievance investigation
• Understanding grievances and hidden issues
• What the Union and Management are responsible for in this process
• Writing effective grievance replies
• What information must you gain from interviewing the grievor and the witnesses
• How to effectively use “Step 1” and “Step 2” meetings to your advantage
• Who should be involved

• Conducting 3rd step grievance meetings
• What information should and must you reveal
• Preparing grievance settlements
• Who has the authority to sign settlement letters
• What is the full meaning of “without prejudice”
• Principled versus business decisions
• 3 purposes of grievance meetings
• Using 3rd step meetings to develop last chance agreement

• Selecting a single arbitrator versus an Arbitration Board
• Gathering the evidence that you will require
• Understanding the law
• Preparing witnesses and gathering facts
• Preparing witness statements
• Developing the theory for your case
• Preparing exhibits – finding the smoking gun
• Researching legal authorities – Case Law
• Final preparation and presentation in advance
• Avoid pitfalls of asking the wrong questions
• How to help an Arbitrator understand the theory for your case

• Understanding the process
• Designing an opening statement
• Presenting your evidence
• Asking the right questions in direct examination
• Cross examining witnesses
• Re-examination – when should you do it
• How to use rebuttal evidence to your advantage
• Designing your rebuttal argument
• Know when you have talked enough

• The rules of natural justice – what are they
• Preliminary objections - when and how to use them
• Production of documents – what do you need to give to the other side
• What must you include in your arbitration brief
• Subpoena – when should you give one
• Exclusion of witnesses
• When can an Arbitration award be reviewed or set aside
• Decision making process and the award

• Who has the burden of proof
• Balance of Probabilities – how Arbitrators make decisions
• The rules against hearsay
• What power does an Arbitrator have to admit evidence
• How to submit documentary evidence
• Video surveillance evidence and tape recordings – when and if these are admissible
• Parole evidence - what is it and how to use it
• What is the estoppel argument

You will be presented with a real grievance about a termination that went to arbitration. Representing either Management or Union, your team will develop the theory of your case, which will be supported by case law. You will also request a remedy from the Arbitrator that should be consistent and in keeping with the merits of your argument and theory.