Winning Grievances & Arbitrations

Grievances that lead to arbitration are not only financially draining, but the results of the arbitration can have a significant impact on the morale and operations of the organization. In some situations, the win or loss of an arbitration can completely change the culture and the perceived rights of Management or Union. Therefore, it is in the best interest of both parties to resolve disputes as quickly as possible. However, in some circumstances if you must defend a business decision, and take a grievance to arbitration then you must be prepared to win.

This three-day comprehensive program will highlight the considerations that you first need to make before you take a grievance to arbitration. Have you exhausted all of the available options for a settlement? Or is this a business or principled decision that requires the award of an Arbitrator? Have you considered both mitigating and aggravating factors? In this program, you will learn how to use the grievance process to resolve disputes.

If arbitration becomes the only option, then you must be prepared to WIN. Learn what documents are required to build your defense, how to develop a ‘theory’ for your position, and how to use case law. Learn how to develop questions in order to ensure that the responses will support your argument. Learn that witness preparation is crucial, as their testimony can potentially destroy the credibility of your case.

On the third day of this program, you will participate in an arbitration hearing simulation; however, the case and facts are real. The outcome of this arbitration will be decided upon your preparation, your presentation skills and your ability to convince the Arbitrator. Successful presenters are able to showcase the merits of their position in a coherent, logical and convincing manner. It is these skills that will WIN your case. Can you afford not to do it right?

Three-Day Program Content

Grievance Management

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

Using 3rd Step Grievances to Resolve Disputes

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

Preparing for Arbitration

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

Conducting the Arbitration Hearing

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 Arbitration Process

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

The Rules of Evidence

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

Arbitration Hearing Simulation

Winning-Grievances-and-Arbitrations2 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.

During this simulation, you will have the opportunity to role-play – to take the stand as a witness or the grievor. Your team will develop and present the opening arguments, which must also be consistent with the facts that will be brought forward by the witnesses. Experience first hand how quickly your case can turn because you have said too much or not enough during direct and cross examination. After your final arguments, the Arbitrator will make an award based on the evidence brought forward which supports the more "probable" story.

Learning Objectives

Practice your presentation under pressure
Learn how to argue your case
Learn how to develop questions in response to new information
Learn first hand why preparation is the key
Witness preparation – why this must be done thoroughly
Why cases with merit are still lost in arbitration
How to determine if you and your advocates are doing a good job
Participate in a detailed debriefing

General Information

Why should you attend?

Learn how to prepare your case
Learn why you must consider aggravating and mitigating factors
Learn effective presentation skills and techniques
Learn why witness preparation is crucial
Learn revealing questioning techniques

Who Should Attend?

Human resources advisors
Union Shop Stewards
Business Agents and Presidents
Managers and Supervisors
Board members
Owner operators

General Program Information

Lunch and light refreshments are included daily
Program materials will be provided
Please bring your laptops for the simulation
Certificates will be presented upon completion of the program
Program is in session from 9am to 4 pm
Teams may choose to continue preparing their case into the early evening of Day Two

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Canadian ProfessionalManagement Services Phone: 1-888-452-6422 | Website: www.cpmsnational.com

Three-Day Program Content

Arbitration Hearing Simulation

Learning Objectives

General Information

Canadian Professional
Management Services