COURSE CONTENT & CLASS SCHEDULE
LAS is proud of the reputation it has earned among employers and unions for providing the most comprehensive and intensive private course available in labor arbitration advocacy skills. Our expert faculty and distinguished labor arbitrators provide realistic training for students who are serious about labor arbitration advocacy.
Our training schedule and small group learning environment is designed to use the valuable time of the participants to maximize their learning experience. If any student demonstrates a need for extra help, a faculty member will be available to assist such student on an individual basis outside of the regular class schedule.
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MONDAY (DAY 1)
| INTRODUCTION TO THE COURSE | |
| · Introduction of faculty & students | |
| · Course objectives | |
| · Materials & teaching methods | |
| · Schedule and assignments for the week | |
| · Time management for the week | |
| · Apportionment of students into small groups for training on Monday, Tuesday & Wednesday | |
| SELECTING THE ARBITRATOR, ARRANGING THE HEARING & HEARING PROCEDURES | |
| · Forms of arbitration tribunals | |
| · Methods of selecting arbitrators | |
| · Arbitration agency procedures | |
| · Statutory arbitration procedures | |
| · Aids in selecting arbitrators | |
| · Pre-hearing communications with the arbitrator | |
| · Arranging dates and locations for the arbitration | |
| · Using court reporters | |
| · Sequence of the hearing | |
| PREPARING THE CASE FOR ARBITRATION | |
| · Determining Arbitrability | |
| · Review and study of the union’s grievance documents | |
| · Review and study of employer’s responses | |
| · Interviewing witnesses | |
| · Obtaining documents & other evidence | |
| · Determining theory of the case | |
| · Preparing proposed issues | |
| · Determining evidence & witnesses to use | |
| · Witness preparation & problem witnesses | |
| · Order of proofs | |
| · Joint exhibits | |
| · Preparing stipulations | |
| · Preparing the Trial Notebook | |
| EVIDENCE IN ARBITRATION PROCEEDINGS | |
| · Types of evidence: testimony, real & demonstrative | |
| · Relevancy, materiality & competency of evidence | |
| · Foundations for admission of certain types of evidence | |
| · How to introduce evidence | |
| · Direct evidence | |
| · Circumstantial evidence | |
| · Affidavits and depositions | |
| · Inspections and views | |
| · Admissions against interest | |
| · Offers of compromise | |
| · Evidence obtained in violation of law | |
| · Violations of statutes | |
| · Hearsay evidence | |
| · Public documents & records | |
| · Demonstrative exhibits | |
| · Telephone testimony | |
| · Obtaining evidence on cross examination | |
| INDIVIDUAL PREPARATION FOR OPENING STATEMENT & DIRECT EXAMINATION EXERCISES FOR DAY 2 |
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| · Students prepare opening statements and direct examination. | |
| · Faculty is available for individualized assistance | |
| TUESDAY (DAY 2) | |
| OBJECTIONS | |
| · Purpose of objections | |
| · How to make objections | |
| · When to make objections | |
| · Objections to leading questions | |
| · Objections to argumentative questions | |
| · Objections to confusing questions | |
| · Objections to unintelligible questions | |
| · Objections to assuming facts not in evidence | |
| · Objections to previously asked & answered questions | |
| · Objections to beyond the scope questions | |
| · Objections to impeaching one’s own witness | |
| · Objections to hearsay questions | |
| · Objections to relevancy & materiality | |
| · Objections based on best evidence rule | |
| · Objections to questions seeking conclusions | |
| · Objections to documents | |
| · Objections to qualifications of the witness | |
| · Objections to expert witness testimony | |
| · Objections to lay opinion testimony | |
| · Objections to non-responsive answers | |
| · Objections to prejudicial questions | |
| · Objections to improper conduct of witnesses, opposing advocate or arbitrator | |
| OPENING STATEMENT EXERCISES | |
| · Faculty presentation on purposes and techniques of opening statements. | |
| · Each student presents an opening statement & is individually critiqued by a faculty member | |
| DIRECT EXAMINATION EXERCISES | |
| · Faculty presentation on purposes and techniques of direct examination. | |
| · Each student conducts a direct examination of a witness and is individually critiqued by a faculty member. (Professional witnesses are provided) | |
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THE “JUST CAUSE” CONCEPT AND THE “DOUGLAS STANDARDS” |
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| · Faculty presentation on the “Just Cause” concept and the “Douglas Standards” as they are applied to discipline & discharge cases. | |
| · Students learn how to advocate these concepts in cases. | |
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INDIVIDUAL PREPARATION FOR CROSS-EXAMINATION AND FINAL ARGUMENT EXERCISES FOR DAY 3 |
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| · Students prepare for cross-examination and final argument. | |
| · Faculty is available for individualized instruction. | |
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WEDNESDAY (DAY 3) |
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| CROSS-EXAMINATION EXERCISES | |
| · Faculty presentation on purposes and techniques of cross-examination | |
| · Each student conducts a cross-examination of a witness and is individually critiqued by a faculty member. (Professional witnesses are provided) | |
| FINAL ARGUMENT EXERCISES | |
| · Faculty presentation on purposes and techniques of final argument. | |
| · Each student presents a final argument and is individually critiqued by a faculty member. | |
| GENERAL SESSION | |
| · All students and faculty meet in joint session to facilitate preparations for actual arbitration case on Thursday (day 4). | |
| ARBITRATION CASE PREPARATION TIME | |
| · Students prepare a complete arbitration case for presentation to a labor arbitrator on Thursday (day 4). | |
| · Faculty members are available to provide individualized instruction and assistance as needed. | |
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THURSDAY (DAY 4) |
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| ARBITRATION PRESENTATIONS | |
| · Students present arbitration cases to labor arbitrators. | |
| · Arbitrators follow actual case procedures. | |
| · Student presentations are monitored by faculty member. | |
| ARBITRATION PRESENTATIONS (CONTINUED) | |
| · Students continue presentations of cases to labor arbitrators. | |
| · Arbitrators continue to follow actual case procedures | |
| · Students presentations are monitored by faculty member. | |
| RECEPTION FOR STUDENTS, ARBITRATORS & FACULTY | |
| · Students meet with arbitrators and faculty in a social gathering. | |
| FRIDAY (DAY 5) | |
| GENERAL SESSION | |
| · Students meet with faculty for a general session. | |
| ARBITRATOR CRITIQUES AND AWARDS | |
| · Students are individually critiqued by the arbitrators before whom they appeared as advocates. | |
| · Arbitrators will provide insight about the advocate’s demonstrated skills, strengths, and ways to improve their presentations. | |
| · Arbitrators provide an oral award in each of the cases presented to them and give the reasons for their awards. | |
| · Students are able to ask in depth questions of the arbitrators concerning their individual presentations. | |
| HOW ARBITRATORS MAKE DECISIONS | |
| · Panel discussion by arbitrators where they share their perspectives on how they resolve issues of disputed facts, determined credibility, review discipline, interpret contracts and determine remedies. | |
| · Question and answer session by students. | |
| COURSE CONCLUDES | |