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ABOUT THE BASIC COURSE
(No prior legal training is required)

BASIC COURSE CONTENT

 Who Should Attend

This course is intense and comprehensive. It is designed for labor relations representatives, human resource representatives, union representatives and labor/management attorneys who will be advocates in labor arbitration cases.  It is also for persons who manage the grievance process and/or assist advocates in preparing or presenting labor arbitration cases.  No prior labor arbitration advocacy experience or legal training is required.

The Basic Course has been approved for 36.5 hours of general continuing legal education by the Florida Bar. Florida Bar CLE course approval is recognized by many state bars for out of state CLE credit.

Method of Instruction

Because enrollment is limited, participants are trained in small groups.   Our arbitrators use the “how to” method of teaching.  Each student initially participates in classroom exercises and is individually critiqued.  Thereafter, students use their training to prepare and present cases to nationally known labor arbitrators. The arbitrators individually critique each student’s presentation and decide the cases.  All participating arbitrators are members of the National Academy of Arbitrators. Professional witnesses are used during exercises on direct and cross examination.  Attendees are provided a comprehensive course manual. 

Instructors

Some of the outstanding labor arbitration advocates that are pictured on our instructors page will train in each course. Each instructor has been carefully selected based upon their training ability and extensive labor arbitration advocacy experience.  The instructors will use their years of preparing and presenting labor arbitration cases to teach attendees winning advocacy skills and techniques. 

Arbitrators

 Some of the nationally recognized arbitrators pictured on our Arbitrator's page will participate as arbitrators in each course. All of the arbitrators are members of the National Academy of Arbitrators and have served as neutrals in hundreds of labor arbitration cases.

Course Manual

A comprehensive Labor Arbitration Advocacy Manual, prepared by the arbitrators exclusively for this course, will be given to each attendee.  Each attendee will also receive a CD of the manual for easy reference in actual arbitrations.  These materials are available from no other source and are not sold separately.  The manual and CD serve as a practical reference source for the subjects covered in the course.  They will alleviate the necessity of taking extensive notes so that attendees can concentrate on the instruction.

BASIC COURSE CONTENT & CLASS SCHEDULE

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 VIEW Monday | Tuesday | Wednesday | Thursday | Friday

 

MONDAY (DAY 1)

INTRODUCTION TO THE COURSE

   

TUESDAY (DAY 2) - CONTINUED

THE “JUST CAUSE” CONCEPT AND THE “DOUGLAS STANDARDS”

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Introduction of arbitrators & 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
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Instructor 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

INDIVIDUAL PREPARATION FOR
CROSS-EXAMINATION
AND FINAL
ARGUMENT EXERCISES FOR DAY 3
 

 

SELECTING THE ARBITRATOR, ARRANGING THE HEARING  &
HEARING PROCEDURES

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 Students prepare for cross-examination and final
argument.

Arbitrators are available for individualized instruction.

         
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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

Students prepare opening statements and direct examination.
Arbitrators are 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

Instructor presentation on purposes and techniques of opening statements.
 Each student presents an opening statement & is
individually critiqued by an instructor

DIRECT EXAMINATION EXERCISES

 Instructor presentation on purposes and
techniques of direct examination.
Each student conducts a direct examination of a
witness and is individually critiqued by an
instructor.  (Professional witnesses are provided)

Continue with Tuesday schedule
 

 



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WEDNESDAY (DAY 3)

CROSS-EXAMINATION EXERCISES

Instructor presentation on purposes and techniques of cross-examination
Each student conducts a cross-examination of a witness and is individually critiqued by an instructor.
(Professional witnesses are provided)

FINAL ARGUMENT EXERCISES

Instructor presentation on purposes and techniques of final argument.
Each student presents a final argument and is      individually critiqued by an instructor.

GENERAL SESSION

All students and arbitrators 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).
Arbitrators are available to provide individualized instruction and assistance as needed

THURSDAY (DAY 4)

ARBITRATION PRESENTATIONS

Students present arbitration cases to labor arbitrators
Arbitrators follow actual case procedures.
Student presentations are monitored by arbitrators.
Students continue presentations of cases to labor
arbitrators.
Arbitrators continue to follow actual case procedures
Students presentations are monitored by arbitrators.

RECEPTION FOR STUDENTS,
ARBITRATORS & INSTRUCTORS

Students meet with instructors and arbitrators in a social gathering.

 FRIDAY (DAY 5) - GENERAL SESSION

Students meet with arbitrators 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 AT NOON 

 

LABOR ARBITRATION SERVICES, INC.
Corporate Center One
2202 N. Westshore Blvd Suite 200, Tampa, Florida  33607
Toll Free Telephone: 888-715-2888
Fax: 813-301-9340
Email:  laborarbitration@aol.com
webmaster@laborarbitrationservices.com

Copyright © 2007-2012  Labor Arbitration Services, Inc.
All rights reserved.

Updated December 29, 2011

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