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Labor Relations: Arbitration and Globalization

1. Detail the process normally utilized in the selection of an arbitrator. How does the selected arbitrator interpret ambiguous contract provisions?
2. Differentiate the five principles that govern the arbitration of grievances under collective bargaining.
3. Which do you believe to be a superior resolution process, arbitration or court action? Why? Explain your answer.
4. Detail and discuss the issues an arbitrator might use in deciding a discharge case involving drug abuse.
5. Do you believe globalization has had a positive or negative influence on collective bargaining? Why or why not?
6. Using one of the countries described in this chapter, describe how its government attempted to suppress, then tolerate, and then support unions and why.
7. Describe the challenges globalization presents to trade unions and how trade unions should respond to these challenges.
8. Globalization in the 21st century has increased competition between nations for investment, technology, and labor. Do you believe this to be a positive or negative trend. Defend your answer.

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1. Detail the process normally utilized in the selection of an arbitrator. How does the selected arbitrator interpret ambiguous contract provisions?
When businesses find themselves in dispute, the flexibility of the arbitrator selection process is an important step for both sides to feel they have a legitimate and fair basis established for finding an arbitrator they can agree on to handle their case. By establishing a process that focuses on ethical standards for the arbitrator and a defined set of rules, it will help instill confidence in the arbitration process. By utilizing methods which best meet both parties needs, those in a dispute that seek arbitration will be able to effectively choose an arbitrator who can hear their case in a fair, efficient, and unbiased manner with the highest standards of neutrality and independence as their guide (Weidemaier, 2007).
Some of the key steps that are typically utilized in the process of obtaining an arbitrator are as follows;
First, both parties must determine how many arbitrators will be appointed to hear out there dispute. Often a single arbitrator will be chosen for the small and midsize cases, while larger and more complex cases may require additional arbitrators to help oversee the process. In general the first step for selecting an arbitrator will be to focus on the arbitrator's experience, especially as it relates to the case at hand. In arbitration, it is common to have a field of expert arbitrators that are available for all types of different issues. So when the selection process commences between the two parties for finding their arbitrator, they will focus on the pool of arbitrators who are the most experienced and offer the best set of qualifications and skills as it relates to their specific issue at hand and then make their determination once they agree on who the person that will arbitrate their case should be. This pool of arbitrators to select from will typically be a combination of CPAs, judges, and lawyers with substantial experience in their fields or industry (DeRise, 2014).
If both parties cannot come to a mutual agreement on the arbitrator to select, especially in a highly contentious case, they may opt for what is called a strike and rank method which is outlined in R - 11 of the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures. Under this method both parties will provide a case manager with what qualifications they are seeking in their arbitrator. Some examples may be that both parties are looking for commercial litigators who have experience in handling accounting issues, financial disputes, business valuations, or labor relations issues. Once the case manager has the list that has been developed and meets both parties expectations they will begin to strike off the potential candidates based on this list until they arrive at the remaining few arbitrators who best meet the expectations. It will be from this final list that the arbitrator will be selected (Weidemaier, 2007).
Regardless of which method is used, it is often argued that the purpose of party selecting their own arbitrators is so they can have an advocate who understands their particular industry and their needs. However neutrality should never be sacrificed to gain an arbitrator has neutrality is the most important aspects in arbitration selection.
When it arbitrator has to interpret ambiguous contracts, the language within the contract is typically what brings in the ambiguity, and therefore the expense of the arbitrator with labor contracts and their language is a must. Some of the key questions that may be used by an arbitrator to help interpret ambiguous contracts during the proceedings may be things such as;
1. What facts can be aggrieved employee supply?
2. Does this grievance meet the proper criteria?
3. What facts need to be checked in order to validate this grievance?
4. What do the parties need to include in their written statements to help the arbitrator understand the grievance?
5. What is the best way for the parties to present their cases so that the arbitrator can clearly get a picture of what has occurred?
By asking key questions such as these the arbitrator will have a better feel for what has actually occurred and where the parties are in disagreement, and then can move forward with making the proper judgment based on evidence and not just hearsay. The goal of an arbitrator is to ask probing ...

Solution Summary

This solution focuses on providing over 2,800 words in APA format of research on the following questions:1. Detail the process normally utilized in the selection of an arbitrator. How does the selected arbitrator interpret ambiguous contract provisions?
2. Differentiate the five principles that govern the arbitration of grievances under collective bargaining.
3. Which do you believe to be a superior resolution process, arbitration or court action? Why? Explain your answer.
4. Detail and discuss the issues an arbitrator might use in deciding a discharge case involving drug abuse.
5. Do you believe globalization has had a positive or negative influence on collective bargaining? Why or why not?
6. Using one of the countries described in this chapter, describe how its government attempted to suppress, then tolerate, and then support unions and why.
7. Describe the challenges globalization presents to trade unions and how trade unions should respond to these challenges.
8. Globalization in the 21st century has increased competition between nations for investment, technology, and labor. Do you believe this to be a positive or negative trend. Defend your answer.

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