Grievances, Arbitration and Past Practices Webinar Series

Register for an individual presentation ($39) or the entire webinar series ($175).

Monday, October 26, 2020

The Basics of Grievances and Arbitration

8:30 PDT | 11:30 EDT | 90 Minutes

  • A discussion of sample grievance procedure language.
  • A discussion of what is “grievable” and what is not.
  • The detail necessary on a grievance.
  • Time limits in a grievance procedure.
  • The advisability of grievance meetings rather than written processing.
  • Selecting arbitrators.
  • The basics of how an arbitration hearing is conducted.
  • The finality of arbitration decisions.
  • The relationship between grievance procedures, unfair labor practices, and lawsuits in court.

Will Aitchison, Attorney at Law, Public Safety Labor Group, LLP; Executive Director, LRIS.

Past Practices and the Status Quo Rule

11:00 PDT | 2:00 EDT | 90 Minutes

  • The two ways that a past practice is important: In interpreting a collective bargaining agreement, and in limiting an employer’s ability to make changes in rules and operations.
  • The continuing nature of the duty to bargain and how past practices can require mid-contract negotiations.
  • The topics that are mandatory for bargaining, including hours of work issues, disciplinary standards and proceedings, “civilianization,” staffing, residency, and more.
  • The elements that make a past practice binding, and the steps an employer must follow to make changes in past practices.

Will Aitchison.

Tuesday, October 27, 2020

How an Arbitrator Looks at Grievances

8:30 PDT | 11:30 EDT | 90 Minutes

  • When an arbitrator will look beyond the language of the contract to determine the meaning of the contract.
  • The types of evidence considered in interpreting contracts, including bargaining history, past practice, and evidence of practices under other contracts.
  • From an arbitrator’s perspective, the factors that make a past practice binding.
  • The “interpretation aids” arbitrators use in interpreting and applying contract language.
  • How arbitrators decide who has the burden of proof, and how much proof is necessary?
  • The rules of evidence in arbitration, including issues of hearsay and relevance.
  • The decision-making process – what’s convincing and what is not?

Margaret Brogan, Arbitrator and Mediator, Philadelphia, Pennsylvania.

Social Media and Public Employees

11:00 PDT | 2:00 EDT | 90 Minutes

  • The negotiability of social media rules.
  • The First Amendment, labor law principles, and off-duty social media use.
  • The types of social media speech likely to be protected and unprotected, and why.
  • How arbitrators consider social media questions.

Anil Karia, Attorney at Law, Public Safety Labor Group, LLP.

Wednesday, October 28, 2020

Grievance and Arbitration Preparation Checklists

8:30 PDT | 11:30 EDT | 90 Minutes

  • Detailed checklists that will help you prepare for filing and processing grievances and for arbitration hearings.
  • What happens when a grievance is also a ULP?
  • Framing the issue in disciplinary and “contract interpretation” grievances.
  • The different tests for just cause for discipline, and how they apply in arbitration.
  • Commonly occurring disciplinary issues, including the use of personnel files, investigatory files, and witnesses.
  • What is an “information request,” and why must both sides comply with one?
  • The relevance of bargaining history and prior arbitration awards.

Will Aitchison.

Register for an individual presentations or the entire webinar series.