Labor Arbitration Services | labor arbitration training | arbitration training | Tampa training

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

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. Attorneys from other states may request that we seek approval for CLE credit from their states.

Method of Instruction

Because enrollment is limited, participants are trained in small groups. Our Instructors use the “how to” method of teaching. CLICK HERE to view our Instructors. 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. CLICK HERE to view our 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. CLICK HERE to view the daily course schedule.

Instructors

Some of the outstanding labor arbitration advocates that are pictured on our Instructors page will train in each course. CLICK HERE. 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 Instructor’s page will participate as arbitrators in each course. CLICK HERE. 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 instructors 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 instructor’s instruction.

BASIC COURSE CONTENT & CLASS SCHEDULE

Click here for a printer-friendly version.
Requires Adobe Reader 9 - it's free to download - Click to download now

VIEW Monday | Tuesday | Wednesday | Thursday | Friday

MONDAY (DAY 1)

INTRODUCTION TO THE COURSE

Introduction of instructors & 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

· Students prepare opening statements and direct examination.
· Instructors 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

TUESDAY (DAY 2)
CONTINUED

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

· 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

· Students prepare for cross-examination and final argument.
· Instructors are available for individualized instruction.

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 instructors 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).
· Instructors 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 Instructors.

ARBITRATION PRESENTATIONS (CONTINUED)

·         Students continue presentations of cases to labor arbitrators.
·         Arbitrators continue to follow actual case procedures
·         Students presentations are monitored by Instructors.

RECEPTION FOR STUDENTS, ARBITRATORS & INSTRUCTORS

· Students meet with arbitrators and instructors in a social gathering.

FRIDAY (DAY 5)

GENERAL SESSION

· Students meet with instructors 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