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.
