Labor Arbitration Institute Conference Reporter
Over-Reacting in a Discipline Case
(Source: Conference Reporter Newsletter 04/18/2019) At the Tampa conference last month, four labor arbitrators discussed a case in which the employer – a bank – disciplined an employee for using offensive language (the F word) toward a co-worker and for bullying her. The discussion focused on the proper level of discipline. The arbitrators felt management…
Read MoreFundamentals on Witness Preparation
(Source: Conference Reporter Newsletter 04/11/2019) At the Tampa conference last month, the speaker covered the topics of direct & cross-examination. A key part is the preparation, and here are his five points. The preface to each point is: Tell your witness to. . . . 1. Tell the truth. It seems obvious, but not…
Read MoreDiscipline & Social Media
(Source: Conference Reporter Newsletter 04/04/2019) At the conference in Tampa, a nationally-known labor arbitrator gave a lecture on social media. Here are four take-aways. You posted it, you live with itThis aphorism refers to the following doctrine: reasonable expectation of privacy. The Supreme Court created this doctrine as a way to draw the line on…
Read MoreInvestigation Requirements
(Source: Conference Reporter Newsletter 03/21/2019) If you were advising someone on investigating their first case, it should include the following points. The advice is from a long-time labor arbitrator who is the umpire under several national agreements. It is from a lecture that he gave this month in Chicago. 1. This is what I recommend: …
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