Checklist: Preparing a Labor Arbitration Case

Labor arbitration preparation process

1. Review the history of the case.
2. Study the contract to find the clauses bearing directly or indirectly on the dispute. Comparing current provisions with those contained in prior agreements might reveal changes significant to the case.
3. Examine the instruments used to initiate the arbitration to determine the general authority of the arbitrator and the scope of the arbitration.
4. Talk to everyone who might be able to help develop a full picture of the case, including those with different viewpoints and those whom the other party might use as witnesses. You’ll better understand your own case as well as your opponent’s; if you can anticipate your opponent’s case, you can better prepare to rebut it.
5. Interview each of your witnesses to determine what they know about the case, make certain they understand how their testimony relates to the case, and cross-examine them to check their testimony and acquaint them with the cross-examination process.
6. Make a written summary of the expected testimony of each witness, to be reviewed as the witness testifies so that no important points are overlooked. Some advocates outline in advance the questions to ask each witness.
7. Examine all records and documents that might be relevant to the case. Organize those you expect to use and make copies for use by the arbitrator, the other advocate, and the reporter if one is used. If necessary documents are in the exclusive possession of the other party, ask that they be made available before or at the hearing.
8. Visit the physical premises involved in the dispute to visualize what occurred and what the dispute is about. Also, consider asking at the hearing that the arbitrator visit the site, accompanied by both parties.
9. Consider using pictorial or statistical exhibits if they will be helpful in illustrating your point.
10. Determine past practice in comparable situations.
11. In interpretation cases, prepare a written argument to support your view as to the proper interpretation of the disputed language.
12. In “interest” or “contract writing” cases, collect and prepare economic and statistical data to aid evaluation of the facts.
13. Research the parties’ prior arbitration awards and the published awards of other parties on the subject of the dispute to see how similar issues have been approached in other cases.
14. Prepare an outline of your case and discuss it with other people in your group. You will have a better understanding of the case, strengthen it by uncovering matters that need further attention, and underscore important policy and strategy considerations. Use the outline at the hearing to organize your presentation.