Pocket Guide to Public Sector Arbitration: California (5th ed., 2019)
$27.00
By Bonnie G. Bogue, Frank Silver and Katherine Thomson
5th edition, 2019
392 in stock
Description
CPER’s Pocket Guide to Public Sector Arbitration is the readable yet comprehensive guide to everything you need to know about public sector arbitration.
The fifth edition covers all new cases and statute changes in the four years since the book was last published. Revised content makes this Guide an even better aid for busy practitioners.
This guide:
- explains the procedures and principles that apply to both grievance arbitration and interest arbitration, including the standards that arbitrators use in deciding cases; and examines the courts’ treatment of final and binding arbitration.
- looks at arbitrators, themselves – their backgrounds, how they gain admission to rosters of arbitration agencies, constraints on their authority, and how parties make a selection.
- discusses the history and legal development of arbitration, from its private sector origins in the 1940s through its California public sector acceptance since the 1960s.
- includes for convenient reference the text of the California Arbitration Act, a list of the many court cases that are addressed in the text and in footnotes, and a bibliography of leading reference books.
About the Authors
Bonnie Bogue, coauthor of all editions of this guide, began arbitrating in 1977. A member of the National Academy of Arbitrators since 1991, she has served as vice president and on its board. She is a member of the College of Labor and Employment Lawyers. Formerly director of the CPER Program, she edited and contributed to CPER Journal from 1970 until 1994, and has coauthored other titles in CPER’s Pocket Guide Series, including Pocket Guide to Just Cause: Discipline and Discharge Arbitration.
Frank Silver, coauthor of the first three editions of this guide, has been an arbitrator, mediator and factfinder since 1987. Prior to that, he was in private practice as a labor lawyer, and served as an administrative law judge with the Public Employment Relations Board. He is a member of the National Academy of Arbitrators.
Katherine Thomson, coauthor of this fourth edition, has been arbitrating, mediating, and factfinding since 1997, and a member of the National Academy of Arbitrators since 2007. She was cochair of CPER from 2010-13, and editor of CPER Journal from 2011-13. Prior to her neutral career, she was an attorney in private practice. She is coauthor of Pocket Guide to Just Cause: Discipline and Discharge Arbitration.
Table of Contents
Contents
I. What Is Arbitration? | 1 |
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A. Origins of Labor Arbitration | 1 |
B. Who Are the Arbitrators? | 2 |
C. Origins of California Public Sector Arbitration | 4 |
D. Types of Arbitration and Other Dispute Resolution Methods | 6 |
Grievance arbitration vs. interest arbitration and factfinding | 6 |
Grievance or rights arbitration | 7 |
Interest arbitration | 7 |
Factfinding | 7 |
Binding vs. advisory grievance arbitration | 7 |
Arbitration vs. mediation | 8 |
Arbitration | 8 |
Mediation | 9 |
Med-arb | 9 |
Employment arbitration | 10 |
References | 10 |
II. Grievance Arbitration Procedures | 11 |
A. Types of Grievances | 11 |
Disciplinary grievances | 11 |
Contract interpretation grievances | 11 |
Group grievances | 12 |
B. Steps of the Grievance Procedure | 12 |
C. Processing the Grievance | 13 |
Filing the grievance | 13 |
Time limits | 13 |
Proceeding to arbitration | 14 |
Duty of fair representation | 14 |
D. Arbitrability: Procedural and Substantive | 15 |
Arbitrability determinations by arbitrators | 15 |
Procedural arbitrability issues | 16 |
Substantive arbitrability issues | 17 |
E. Costs of Arbitration | 18 |
Arbitration fees | 19 |
F. Selecting an Arbitrator | 19 |
Finding an arbitrator | 19 |
Researching an arbitrator | 20 |
Disclosures and ethical obligations | 21 |
G . Setting the Arbitration Hearing | 22 |
Pre-hearing contact with arbitrator | 22 |
Date and location | 23 |
Cancellations and postponements | 23 |
H. Pre-Hearing Procedures | 23 |
Pre-Hearing discovery | 23 |
Subpoenas | 25 |
Pre-hearing briefs | 25 |
Pre-hearing conference | 26 |
I. The Hearing | 26 |
Types of hearings | 27 |
Official record | 27 |
Order of the hearing | 27 |
Statement of the issue | 28 |
Retention of jurisdiction over remedy | 29 |
Opening statements | 30 |
Burden of proof | 30 |
Quantum of proof | 30 |
Documentary evidence | 31 |
Witnesses | 31 |
Grievant as a witness | 32 |
Expert witness | 33 |
Absent witnesses | 33 |
Preparing witnesses | 34 |
Taking the oath | 34 |
Sequestration of witnesses | 35 |
Witness testimony | 35 |
Direct examination | 36 |
Cross-examination | 37 |
J. Rules of Evidence | 38 |
Objections | 39 |
Improper or non-responsive answers | 39 |
Relevance | 40 |
Direct and circumstantial evidence | 40 |
Hearsay | 40 |
Non-hearsay statements | 42 |
Opinions | 43 |
Privileged communications | 43 |
Attorney-client privilege | 44 |
Mediator privilege | 44 |
Offers of settlement | 45 |
Objections to form of question | 45 |
K. Closing Arguments and Briefs | 48 |
Oral closing arguments | 48 |
Post-hearing briefs | 49 |
Filing briefs | 49 |
L. The Award | 50 |
Time limits | 50 |
Issuing the award | 50 |
Finality of the award | 51 |
M. References | 52 |
III. Grievance Arbitration Standards | 53 |
A. Discipline and Discharge Standards | 53 |
Just cause | 53 |
Procedural principles of just cause | 54 |
Substantive principles of just cause | 61 |
Just cause and “external law” | 63 |
B. Remedies in Discipline Cases | 66 |
Make-whole remedy | 67 |
Back pay and benefits | 68 |
Other remedies | 69 |
Retaining jurisdiction over the remedy | 70 |
C. Contract Interpretation Grievances | 70 |
Rules of contract interpretation | 71 |
D. Remedies in Contract Interpretation Cases | 78 |
Monetary remedies | 78 |
Attorney’s fees | 79 |
Interest | 79 |
Equitable relief | 79 |
E. References | 79 |
IV. PERB and Grievance Arbitration | 81 |
A. Deferral Principles | 81 |
B. Pre-Arbitration Deferral | 82 |
C. Post-Arbitration Deferral | 85 |
D. Equitable Tolling | 86 |
E. References | 87 |
V. Courts and Grievance Arbitration | 88 |
A Introduction | 88 |
B. Petitions to Compel Arbitration | 89 |
General standards | 89 |
Grounds for compelling arbitration | 90 |
Waiver of the right to arbitrate | 92 |
C. Petitions to Confirm or Vacate Arbitration Awards | 93 |
General standards | 93 |
Arbitrator’s remedial authority | 97 |
D. Effect of Arbitration Provisions on Lawsuits | 99 |
Employer petitions to compel arbitration | 99 |
Preclusive effect of arbitration awards in litigation | 100 |
E. References | 101 |
VI. Interest Arbitration and Factfinding | 102 |
A. Introduction | 102 |
B. Factfinding Procedures Administered by PERB | 103 |
Preliminary procedures under EERA and HEERA | 104 |
Preliminary procedures under MMBA and IHSSEERA | 105 |
Hearing procedures | 106 |
Post-hearing procedures | 106 |
Factfinder’s report | 107 |
C. Impasse Resolution in Public Transit | 107 |
D. Impasse Resolution in Charter Cities and Counties | 108 |
E. Interest Arbitration | 109 |
Standard interest arbitration | 110 |
Final-offer interest arbitration | 110 |
Med-arb | 111 |
Tripartite arbitration | 111 |
F. Factfinding and Interest Arbitration Criteria | 111 |
Employer’s ability to pay | 112 |
External salary and benefit comparisons | 113 |
Recruitment and retention | 114 |
Cost-of-living increases | 114 |
Past practice and negotiating history | 114 |
G. References | 115 |
VII. Table of Cases | 116 |
VIII. Bibliography | 128 |
IX. Appendix | 132 |
California Arbitration Act | 132 |
X. Index | 146 |
Additional information
Weight | 0.625 lbs |
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Dimensions | 10 × 6 × 0.5 in |
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