How To Win A Labor Arbitration

Key Takeaways

• Not every grievance should go to arbitration. Consider the likelihood of success, operational impact, union relations, available evidence, and any related NLRB charges before moving forward.
• Preparation can make or break an arbitration. Follow the CBA’s procedures and deadlines, research potential arbitrators, gather relevant history and evidence, and thoroughly prepare witnesses and cross-examination.
• Make every part of the hearing count. Stay organized, lead with a clear opening, choose witnesses carefully, and use a strong post-hearing brief to reinforce your case and potentially support future disputes.

Arbitrations under a collective bargaining agreement might not garner the glitz of a jury trial, but they can be as — or more — important, and they happen much more often. They can involve tens of millions of dollars, key aspects of operations, union/management relations, and whether a dangerous employee remains employed. For attorneys and advocates, they are