Fees & Services
The administrative filing fee is $320.00. This fee is split equally between the parties. The administrative filing fee is due and payable regardless of whether the grievance goes to hearing or not.
There are two additional fees that parties might incur during the arbitration process:
There is an additional charge of $50.00 for grievances requiring multiple days of hearing.
Only cases requiring more than one day of hearing will be billed this additional charge for each hearing day after the first. This fee is divided equally between the parties.
The other fee that parties might incur is for rescheduling hearings when a postponement occurs. There is no charge for the first postponement. Only subsequent postponements requested by either party will result in a $50.00 fee for each hearing that is rescheduled. The postponement fee is typically paid by the party requesting the postponement, unless the parties agree otherwise.
Labor Arbitration Rules
1. Application of Rules
The parties must mutually agree to use The Labor Relations Connection to administer their arbitration, fact-finding and/or interest arbitration cases. Parties may do so either during the collective bargaining process or by memorandum of agreement. The parties may, by written agreement, amend the procedures outlined in the labor arbitration rules.
2. Labor Arbitrators
The Labor Relations Connection offers the same arbitrators available to parties through all other agencies.
3. Filing for Arbitration
Arbitration can be initiated by either party by:
| a) | Giving written notice to the other party of its filing a demand for arbitration, which |
| includes information regarding the nature of the dispute. |
| b) | By submitting a copy of the demand notice to The Labor Relations Connection. |
| After the Arbitrator is appointed, the grievance cannot be amended in any way without mutual consent of the other party and the arbitrator. |
4. Appointing an Arbitrator
The parties have an option of appointing an arbitrator from a pre-existing agreed upon panel, from a general panel/one list procedure, a two-list administrative appointment procedure, or on an ad hoc basis, as follows:
| a) | A general panel is a panel of arbitrators created by the parties, with or without the |
| assistance of The Labor Relations Connection. This panel must be created in advance of filing a Demand for Arbitration. The general panel will consist of the names of arbitrators the parties find mutually acceptable, and would like to see on their lists for selecting an arbitrator. Upon receipt of a Demand for Arbitration, a list of twelve names is offered to the parties from this general panel. The parties may strike up to four names off the list and rank in order of preference those names remaining. The arbitrator with the lowest combined number is appointed to hear the grievance. Using this method, an arbitrator is selected from the one list offered to the parties. |
| b) | A two-list administrative appointment procedure consists of a first list of twelve names |
| of arbitrators chosen by The Labor Relations Connection and submitted simultaneously to the parties for ranking their preferences. The parties may strike from this first list, the names of any arbitrators considered unacceptable. If no match is made from the first list, a second list of nine names is submitted to the parties for ranking. If no match is made from the second list of arbitrators, The Labor Relations Connection will offer an administrative appointment consisting of three arbitrators not previously found on the first two lists. The parties are given twenty-four (24) hours to rank in order of preference all three names provided in the administrative appointment. The parties may release previously unacceptable names from the first two lists at any time prior to the appointment of an arbitrator through the Administrative Appointment procedure, in an attempt to make a mutual selection. |
In each of the above options a & b, the parties are given seven (7) days from receipt of the mailing to submit their list selections to The Labor Relations Connection or advise of any delay. If a party does not return the list or advise of a delay within the time specified, all persons named on the list will be deemed acceptable.
| c) | The parties may by mutual agreement, select an arbitrator without the assistance of The |
| Labor Relations Connection. If an arbitrator is selected by the parties in this manner, The Labor Relations Connection will fulfill all administrative responsibilities from this point forward. |
| d) | If the parties currently use a process different from those listed above and wish to |
| maintain that process, The Labor Relations Connection will follow that method. |
5. Notice to Arbitrator of Appointment
Upon agreement of an arbitrator, The Labor Relations Connection will contact the arbitrator and obtain dates to offer the parties for scheduling the hearing(s).
6. Disclosure and Disqualification Procedure
Any arbitrator selected by the parties shall be subject to disqualification if he/she has any financial or personal interest in the result of the arbitration. The arbitrator must immediately disclose to The Labor Relations Connection, any situation likely to affect impartiality, including any bias. Upon notification from the arbitrator or any other individual, the parties will be contacted with this information. If a party objects to the arbitrator remaining on the case, The Labor Relations Connection will consult with the parties and the arbitrator to determine whether the arbitrator should be disqualified and shall inform the parties of the decision.
7. Vacancies
If an arbitrator must resign or is unable to serve for any reason, the vacancy created will be filled in the same manner followed during the original selection process. The grievance will then be re-heard by the new arbitrator.
8. Scheduling Hearings
The Labor Relations Connection will work with the parties to determine a mutually convenient date, time and location for the hearing. The hearings will commence at 10:00 a.m. unless the parties otherwise agree. When a hearing date is confirmed, a Notice of Hearing will be sent to the parties, indicating the name of the arbitrator appointed to hear the grievance, and the date, time, place of the hearing.
9. Location of Hearing
The parties must mutually agree on the location where the arbitration is to be held. If the parties cannot agree to the location for the hearing, the arbitrator appointed to hear the grievance will make a ruling to determine the location.
10. Stenographic Documentation
Any party requiring a stenographic record can make arrangements themselves or request the assistance of The Labor Relations Connection. The requesting party is responsible for the cost of the record. If the transcript is agreed by the parties or the arbitrator to be the official record of the hearing, it must be made available to the arbitrator and to the other party for inspection. In this instance, the arbitrator will determine the time and place for said inspection.
11. Attendance and Representation at Hearings
Any person having a direct interest in the arbitration can attend hearings. The arbitrator has the authority to determine whether or not the attendance of any other person is appropriate. Any party has the option of being represented by counsel or other representative.
12. Proceedings
Exhibits may be submitted to the arbitrator as evidence during the hearing process. Names and addresses of all witnesses and exhibits will become part of the record. Generally, the initiating party presents arguments, witnesses and evidence first, but the arbitrator, at his sole discretion, may take the parties out of order. In all circumstances, the parties will be given every opportunity to present relevant proofs.
13. Ex parte Arbitration Proceedings
Unless stated otherwise by law, the arbitration may commence in the absence of any party or representative who fails to obtain a postponement or attend the hearing. Prior to the arbitration hearing, the party must receive notice of intent to conduct the hearing ex parte. In such instances where a party is absent, the absent party is required to submit any evidence necessary to the issuance of the award.
14. Evidence
The parties may provide any evidence relevant to the dispute, and shall produce any additional material required by the arbitrator. An arbitrator authorized by state law may subpoena witnesses and documents on behalf of either party. Prior to requesting a subpoena, the requesting party should contact the other party in order to seek cooperation in obtaining the needed documents or attendance of a particular witness for the hearing. If the opposing party does not produce the requested documents or if the witness declines to attend the hearing, a request for subpoena can then be made through The Labor Relations Connection. Such requests must be submitted through The Labor Relations Connection at least seven (7) days prior to the day of hearing. It is the responsibility of The Labor Relations Connection to obtain the arbitrator's signature on the subpoena and transmit the subpoena to the requesting party for serving.
15. Filing of Documents
The Arbitrator may receive and consider the evidence of witnesses via affidavit. Documents to be submitted (by agreement of the parties) after the hearing, must be delivered to The Labor Relations Connection for transmittal to the arbitrator and to the other party.
16. Filing of Briefs
If briefs are to be filed by the parties, the date for filing of briefs will be established by the Arbitrator at the hearing. Briefs are customarily due thirty (30) days from the last day of hearing. Briefs are to be filed with The Labor Relations connection for transmittal to the opposing party and to the Arbitrator.
b) filing one copy of their brief directly with the arbitrator, and a second copy with the Labor Relations Connection for submission to the opposing party
b) filing both copies directly with The Labor Relations Connection for transmittal to the opposing party and to the arbitrator. Arrangements for submission of briefs is to be determined by the parties and arbitrator at the hearing.
17. Postponements
When a party requests a postponement, the request should be made through The Labor Relations Connection, who will contact the other party to determine whether or not they will agree to the request. If the other party opposes the request, the Arbitrator will make a ruling to either uphold the request to postpone or go forward with the hearing as scheduled.
18. Submission of Arbitrator's Award
Unless there is an agreement to the contrary, the Award of the Arbitrator will be due thirty (30) days from receipt of the parties' briefs. If the parties file no briefs, the Award will be due thirty (30) days from the last day of hearing.
19. Costs Associated with Arbitration
Expenses associated with the arbitration, specifically, administrative filing fee, conference room charges, and arbitrator's fees will be split equally by the parties, absent a provision within the collective bargaining agreement stating otherwise.
20. Contact with Arbitrator
The Labor Relations Connection functions as a liaison and facilitator between the parties and the arbitrator. It is essential that there be no direct communication by the parties with the arbitrator without consent of both parties and the arbitrator. Any necessary communication to the arbitrator shall be conveyed through the Labor Relations Connection.
Expedited Labor Arbitration Rules
Parties have the option of using this method when they require a prompt hearing, and issuance of an award within a brief period of time. Expedited arbitration excludes submission of briefs and lengthy awards. Upon notification by the parties of the need for expedited arbitration, The Labor Relations Connection will identify at least four arbitrators available to hear the grievance on one or more dates mutually acceptable to the parties. The Labor Relations Connection will contact the parties to advise of the arbitrators available to hear the grievance, and which of the specified date or dates they are available. The parties will have until the end of that business day, to rank the arbitrators in order of preference. The arbitrator with the lowest combined number will hear the grievance on the date previously agreed to by the parties.
Normally, the hearing is completed in one day. If another day of hearing is required, a second day will be held within seven (7) days.
Unless there is an agreement to the contrary, the arbitrator will issue a one or two page award to the parties within seven (7) days of the hearing.
All sections of the Labor Arbitration Rules that are not in conflict with expedited arbitration procedures shall apply.
Costs of Expedited Arbitration
The administrative filing fee for expedited arbitration is the same as the cost for standard arbitration. However, significant savings can be realized as a result of no filing of briefs, no need for representation by counsel, and an abbreviated award from the arbitrator.