About This Course
This CLE course provides a practical overview of labor and employment arbitration from the perspective of an experienced arbitrator. It is designed to help practitioners understand how effective representation is evaluated at every stage of the arbitration process, from pre-hearing preparation through the issuance of the final award. The program begins with a brief historical context of union–management relations and the development of collective bargaining agreements, grievance procedures, and statutory disciplinary frameworks. It then examines the foundations of grievance, disciplinary, and interest arbitration, including the role of the arbitrator, stipulated issues, and the structure of hearings
.A significant focus of the course is disciplinary arbitration and the “just cause” standard, including progressive discipline, charges and specifications, and the burden of proof. Participants will explore key procedural and evidentiary issues such as fair investigation, equal treatment, witness testimony, hearsay, interim motions, and hearing management in both in-person and virtual settings. Statutory disciplinary systems such as in the New York State Civil Service Law §75 and Education Law §3020-a; Suspension pending hearing, and remedies including reinstatement, alternate penalties, and loss of accruals will be touched upon. Finally, attendees will gain insight into the drafting of arbitration awards, including findings of fact, legal analysis, and the resolution of stipulated and disputed issues.