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Slide 1 NTEU Chapter 78 AN NTEU STEWARD’S

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Slide 1 NTEU Chapter 78 AN NTEU STEWARD’S Powered By Docstoc
					AN NTEU STEWARD’S GUIDE
   What do you think arbitration is, and how do
    we have the right to use such a process?
 “Provided that any grievance not satisfactorily
settled under the negotiated grievance procedure
shall be subject to binding arbitration which may
be invoked by either the exclusive representative
                  or the agency.”
   Where do we find the language on the
    preceding slide?
   What does “not satisfactorily settled” mean?
   What does “binding” mean?
   What does it mean that either party can
    invoke?
   What does it mean when we say that
    arbitration is an imperfect process?
   Do you know the types of arbitration cases?
   Where do Arbitrators come from?
   Who picks them?
   Do you know who makes the decision to
    invoke arbitration within NTEU?
   Do you know how the decision is made?
   The Chapter’s role
   The Steward’s role
   The Attorney/National Field Representative’s
    role
   The National Counsel’s role
   The majority of our hearings go for one day, although a
    minority…perhaps 10-15% will go more than one day. Our average per
    diem fee today on our permanent panels is $1200 per day.
   Normally we see a 2 to 1 or 3 to 1 ratio on days of hearing to days of
    study, reading and writing.
   Transcripts can run as high as $4.50 per page for the original and $1.00
    per page for copies, and a typical transcript might be 300 pages.
   Airfare averages $350-500 and hotels are now about $150+ with taxes. A
    rental car runs around $75 per day with taxes and meals are $60-100
    Depending on location.
   Expert witnesses are sometimes used and the fee is split between NTEU
    and the Chapter. A typical cost is probably $400.
   As you can see, there is a significant direct expense involved in
    arbitrating a case.
   Arbitrator’s per diem x number of days
   Arbitrator’s airfare
   Transcript costs
   Hotel/meals/transportation
   How much does NTEU pay?
   How much does your Chapter pay?
   One day of hearing                               $ 1200
   Three days of reading/writing                    $ 3600
   Transcript                                       $ 600
   Arbitrator Airfare                               $ 500
   Arbitrator car rental                            $ 150
   Hotel for Arbitrator                             $ 175
   Meals                                            $ 100
   Total                                                     $ 6325
   Agency pays one-half
   NTEU pays one-half or $3162.50
   Your Chapter pays one-half of this or $1581.25
   The cost of arbitration is borne by the parties. Unlike a ULP or a case
    before the MSPB, where the judge is paid by the Authority or Board, in
    arbitration, NTEU and the agency pay.
   All Arbitrators have established a per diem fee, which is the cost that is
    charged for each day of hearing, and for each day of reading, study and
    writing.
   Each arbitrator is free to set his/her fee, and it is accepted when the
    person is put on a permanent panel, or selected from a list.
   The expenses of getting the Arbitrator to the hearing are paid by the
    parties…this includes airfare, hotel, meals, rental car.
   The transcript cost is shared between the parties
   Incidental fees such as copying, postage etc are expected to be part of the
    per diem fee.
   In most Unions the Chapter bears the total cost of the Union’s share of the
    case. NTEU pays one-half of this cost.
   NTEU provides the attorney or national field representative to litigate the
    case. Again, in many Unions this attorney is hired by the Local.
   What do you see as the Chapter’s role in
    getting a case to arbitration?
   Who do you think has the responsibility to do
    these things?
   Investigation
   Preparation
   Presentation
   Forwarding to the NTEU Field Office
   Has the case been fully investigated? Who does this?
    What is involved in this?
   Has the grievance been written in clear concise
    language, and does it include the elements of a
    grievance?
   Have thorough and legible records been maintained?
   Has an accurate list of witnesses been maintained?
    Have they given written statements?
   Has the grievance checklist been completed?
   Has the case file been thoroughly completed?
   Has the case been forwarded in a timely manner to the
    Field Office for review?
   Why is it important that the file be timely
    forwarded to the Field Office?
   A briefing memo that contains:
   The date an invocation decision must be made
   The agency’s argument/position
   The Chapter’s position
   An analysis of the reasons to go or not go
   Your recommendation and why
   A completed grievance checklist
   A reply file if there has been an oral reply
   A decisions file
   Your defenses
   Documentation file
   Correspondence file
   Review the contents of the file that is contained
    in your Participants’ Guide
   What role do you see the Field Office attorneys
    and National Field Representatives having in
    this process?
   The role of the attorney/NFR and the National Counsel is to
    examine and analyze the case file to determine if there is
    concurrence with the Chapter’s recommendation. This requires:
   An independent review of the case including the grievance and its
    theories
   A review of the evidence
   A review of the witnesses…who are they, where are they, how are
    they involved?
   A review of supporting or relevant law
   Preparation of a memorandum of law by the attorney/NFR for the
    National Counsel that includes a recommendation to invoke or
    not
   A discussion of the case between the above and frequently
    including the steward or President
   A decision by the National Counsel to invoke or not
Let’s review these factors and discuss them:
   Is the issue more than de minimus?
   Is there an actual harmed grievant?
   Is evidence available and does it rise to the level of proof?
   What is proof? Discuss some examples of what you think the differences are.
   Are witnesses available and are there statements?
   Is there a remedy available?
   Are the arguments legally sufficient and persuasive?
   Has the issue been interpreted or ruled on by arbitrators in other cases?
   The contract language, history and intent
   The clarity of the language on the issue
   The potential consequences of a negative decision
   The gain v. the potential loss
   The cost/benefit of the particular decision or case
   Do you believe there are any others?
   If the decision is to invoke, the National
    Counsel will sign the letter and it will be sent
    to the appropriate agency official
   An arbitrator will be assigned to the case.
    Arbitrators come from either a permanent
    panel or an ad hoc panel from the FMCS.
   Once an arbitrator is selected or assigned, the
    case will be scheduled for the appropriate
    number of days of hearing.
   Hearings normally occur at the grievant’s worksite, and on the
    agency’s premises
   There can be a court reporter who prepares a verbatim transcript
   The arbitrator is in charge of the hearing, and is obligated to
    conduct a full and fair hearing.
   The arbitrator determines who may testify, and sometimes who
    should testify
   The hearing is conducted like a trial only with more informality
   Witnesses are examined and cross-examined
   Evidence is proffered for admission
   There are normally opening and closing statements
   There are often post-hearing briefs
   Re-cap
   Quesions

				
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