By: Cohen
Price: $30.00
Edition: 1st/2003
Sku: 03EAA
ISBN: 1-878810-90-1
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook
Gerald Cohen brings his experience as an arbitrator with over thirty years of practice in federal, state, and private sector labor arbitration to bear in a concise and informative treatise that is devoted to the technique and practice of arbitration. An excellent reference for experienced as well as novice advocates interested in instruction on:
- Ethics
- General Preparation—including understanding the contract, knowing time limits, keeping good records and advance planning
- Grievances and Answers
- Step Meeting and Pre-Arbitration Settlement—including negotiations and last chance agreements
- Preparation for an Arbitration Hearing—including arbitrator and witness selection
- The Arbitration Hearing—including presentation of evidence, witness testimony, and a review of common terms and procedures
- Summations—including oral and written
|
This small book has much to say. For a how-to book aimed at new advocates, this is important. Gerald Cohen begins with a useful chapter on ethics. He identifies several situations that arise regularly in arbitration that call for ethical considerations. Foremost is ex parte communication with the arbitrator. An ethical breach can be easily avoided by ensuring that a copy of any correspondence sent to the arbitrator is also sent to the opposing advocate. An ethical concern about betraying confidentiality can be addressed, Cohen says, by not revealing off-the-record remarks during the hearing. His point is that even if an advocate scores a point or two, such an unfair move would ultimately poison the relationship between the parties. This can be deleterious if the parties have a continuing relationship. The author says outright that his book is about being effective, not necessarily winning. “A party’s advocate, whether representing labor or management, cannot control either winning or losing the award,” Cohen writes. “What can be controlled is the effectiveness of that advocate’s presentation.” The author proceeds to concisely describe what an effective advocate should do during arbitration–from preparation to writing a closing brief. In the preparation phase, Cohen says understanding the contract is crucial. He notes that in the government sector, the law may play a larger role in interpreting a contract, while agency or departmental regulations may be important in defining the parties’ relationship. There are many practical tips to be found throughout the book. For example, in stating one’s grievance, simplicity is the key. “There is no formal language that need to be used; a grievance is not a court pleading,” says Cohen. In dealing with witnesses during cross-examination, he advises being straightforward. Using the opponent’s witnesses to elicit the proof that an advocate needs may prove to be very risky. “Don’t play games with witnesses,” the author says. “Prove your case by your own witness.” - From the Dispute Resolution Journal | ||
Also includes a detailed table of contents.
Also available as a .pdf file on a CD-ROM or as an ebook for instant download.
(2016) Labor Arbitration Practice for the Federal SectorLabor Arbitration Practice for the Federal Sector is a comprehensive examination of the arbitration process and advocacy. With discussion of strategies and practice tips, this how-to guide assists union and management advocates. Major topics include advocate selection, case investigation and evaluation, arbitrator selection, case preparation, prehearing practice, witness selection and preparation, hearing specifics: opening statements, creating a record, witness testimony, direction examination, cross-examination, exhibits, and closing arguments, and post-award practice. (more details)
(2009) Collective Bargaining Law for the Federal SectorCollective Bargaining allows negotiators and representatives to easily access rules of law and commentary on seminal collective bargaining decisions. Major topics include the change proposal, demand to bargain, obligation to bargain, information to bargain, ground rules, good faith bargaining, negotiability disputes, impasse assistance, finalizing the bargaining agreement, post-agreement obligations and challenges, and remedies. (more details)
(2011) The Art of AdvocacyThe Art of Advocacy is a thorough, yet concise, instructional text on effective advocacy before the MSPB and arbitrators. Major topics include the basics and importance of advocacy, Board and arbitration practice fundamentals, proof requirements, preappeal advocacy, discovery, motion practice, direct and cross examination, oral and written advocacy, and settlements. (more details)
(2014) Broida on Federal Sector ArbitrationPeter Broida presents this video training course on federal sector arbitration. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a DVD); workbook with reference materials, course notes—outline, and selected cases; and a bibliography. Major arbitration topics include deciding whether to arbitrate; requesting and selecting an arbitrator; expedited proceedings; preliminary case preparation; hearing preparation; hearing presentation; and post-hearing issues. (more details)
(2019) Principles of Federal Sector Arbitration LawThis encyclopedic text features summaries of federal sector arbitration awards addressing significant issues and major arbitration principles from 1999 through 2018. Awards are arranged by topic. Principles includes a table cross-referencing arbitrators to the awards they have issued. Major topics include the nature of arbitration, the collective bargaining agreement, arbitrability, grievances, hearings, management rights, contract interpretation, common substantive arbitration topics, settlement, remedies, counsel fee and damages. (more details)
