Categories: Labor and Employment Law
Course Page for Fall 2016 - 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 made sweeping changes to collective bargaining, including a dramatic reduction in the content of most collective bargaining agreements. For other than Police, Fire and transit employees 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 unilateral grievance procedure. The course will examine those procedures, and the dispute resolution practices which have emerged. Course emphasis will be on advocacy, hearing procedure and crafting briefs and awards.
You will be able:
- to analyze a labor dispute arising under a collective bargaining agreement,
- determine who has rights,
- prepare for and present your case in a contested evidentiary setting, and
- make effective post hearing argument.
By the end of the course you will be prepared to handle actual cases.