Arbitration

Steps Leading to Arbitration

Description of the chain of events leading to Arbitration hearings

​​Step One: Conflict

  • Conflict occurs when there is a disagreement regarding an employment contract.

  • An employee breaks the employer’s rules or regulations in an employment contract.

  • An employer breaks the rules or regulations in an employment contract.

 

 

Step Two: Investigatory Interview

  • After conflict occurs between an employee and an employer, the employer will conduct an investigatory interview.

  • The purpose of the investigatory interview is to gather as much detailed information as possible about the incident that has caused the conflict.

  • Learn more about how to prepare for an investigatory interview!

 

Step Three: Letter Of Discipline

  • Following the investigatory interview, if the employer decides to discipline the employee, the employer will write a letter of discipline to the employee.

  • In the letter of discipline, the employer will inform the employee of which contract rules and regulations have been violated.

  • The letter of discipline will provide reasons why the employer has chosen disciplinary action.

  • Example of a letter of suspension.

  • Example of a letter of discharge.

 

Step Four: Grievance

  • If the employee thinks the discipline is unfair, they may file a grievance.

  • A grievance is a written statement that asserts why the employee thinks they have been treated unfairly.

  • Example of a grievance letter.

 

Step Five: Employer Response

  • The employer will answer the grievance with a written response.

  • The response will state either reduction in discipline or that the discipline will stand.

  • If the CBA or employee handbook has a mediation provision, the employer and employee may use a mediator to attempt resolution of the dispute.

  • Example of an employer response to a grievance.

  • Learn more about mediation!

 

Step Six: Pre-Arbitration

  • The parties in dispute will typically meet with the arbitrator prior to the arbitration hearing.

  • At the meeting, the arbitrator will discuss the evidence to be submitted.

  • The evidence may include: witness list, potential settlements, discovery, and number of days required for arbitration, etc.

  • Learn more about how to prepare for pre-arbitration!

 

Step Seven: Arbitration Hearing

 

 

 

 

 

 

 

Additional Letter Examples

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