Steward Seminar Recap: Preparing Arbitrations/Mediations to Win

At our 2021 Annual Steward Seminar, speaker Chris Alford from the Federal Mediation and Reconciliation Service joined us to discuss arbitration/mediation. While the facts of the grievance will also be the most important material to prepare there are several other factors to consider when preparing our case. Here’s a recap of what was discussed:

How You Write Your Grievance Matters

• An arbitrator/mediator can and will hold you to what is written on the original grievance.

• Write the phrase on a grievance form “and all others that apply” every time you reference a contract article or policy you believe was violated

• Write the phrase “be made whole” on every grievance form after you provide the remedy or solution we want

Prepare Your Grievant and Any Witnesses

• It takes a lot of time to finally get to arbitration. A member is likely to be angry and ready for their day in court.

• Prepare your member by reminding them to remain calm. The facts of the grievance are what really matter.

• A witness is always the best type of evidence. Statements make a difference, but someone who is willing to testify to support a fellow member is the best evidence we can have.

Arbitration Can be Risky

• Arbitrators are people and they can rule against us even if we have a strong case.

• We are legally bound to follow an arbitrator’s decision – there is no appeal.

• Taking a grievance to arbitration because a member is unhappy with a settlement can result in a worse outcome for the member.

Arbitration/mediation is an important part of the grievance procedure, but it can risky. The facts will always be the most important argument we can make to be successful.