858 Collective Bargaining: Arbitration Process - §001, Spring 2012

Categories: Labor and Employment Law Civil Litigation and Dispute Resolution

Instructor(s) Houlihan, William

This course will review the historical and theoretical foundations of Labor Arbitration. The course will address the grievance procedure, the legal context of arbitration, subject matter, evidence and procedure, and ethics. The traditional analysis continues to be applicable to the private sector and to Police, Fire and transit employees. 2011 Wisconsin Act 10, commonly known as the budget repair bill, made sweeping changes to collective bargaining, including a dramatic reduction in the content of most public sector collective bargaining agreements. For other than Police and Fire the grievance procedure and arbitration were eliminated. In place of negotiated grievance and arbitration procedures, the law required employers to provide a local civil service system or to adopt a grievance procedure. The course will examine those procedures, and the dispute resolution practices which emerge during this period of transition. Course emphasis will be on advocacy, hearing procedure, and crafting briefs and awards.

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