Arbitration Report

 

Written by Erik Rasmussen

For Local 1539

 

     The purpose of this report is to educate Local 1539 members about the arbitration process.  On December 10th & 11th, Mark Baker and I had the opportunity to represent Local 1539 at the arbitration proceeding regarding a class action grievance filed by Council 5 regarding Unit 8 shift exchanges.  Mark and I attended both days with day 1 starting at 9 a.m. and recessing at 6 p.m. while day 2 started at 9 a.m. and recessed at 2 p.m.  Mark and I took notes during the arbitration proceedings and participated in discussions with our business representatives during recesses.  The arbitration is not complete and is in recess until January 28th and 29th, 2008.  Because the arbitration is not complete, Mark and I have been instructed by our business representative to not talk about the specific events that occurred during the arbitration proceedings. If any Local 1539 member has questions regarding this, please speak to Mark or myself and we will be more than happy to explain. 

 

     With that being said, I would like to explain a little about the arbitration process.  Arbitration is the 4th Step of our grievance procedure outlined in Article 17 of our contract.  Steps 1-3 are handled at the facility level.  If a grievance cannot be settled at Step 3, it goes to the Council and they decide whether or not to proceed to arbitration.  Since arbitration is costly, not all denied Step 3 grievances go to arbitration.  The Union has 60 days to notify the employer that they wish to arbitrate a grievance.  After the employer is notified, an arbitrator is selected within 5 calendar days.  The date(s) for the arbitration are set and the proceeding is held.  After the proceeding, the arbitrator has 30 days to make a decision.  However, the arbitrator can request a waiver of this time limit in order to have more time to make a decision.  Once the decision of the arbitrator is made it is final and binding. 

 

     The proceeding runs similar to that of a court hearing.  There are two sides, the Union and the Employer.  Each side calls witnesses and enters “exhibits” into the record.  Each side calls on their witnesses and asks them questions pertaining to the matter that is being arbitrated.  Each side is allowed to cross-examine and re-cross examine witnesses.  The arbitrator sits between the two parties at the table, takes notes and asks questions of either side to get a clarification on issues.  A recess can be called for breaks so that either party can meet with their own party or so they can meet with the other party away from the arbitration table. 

 

     There are several types of grievances that can be arbitrated.  Some examples are disciplinary and discharge grievances, class action grievances and contract language disputes.  There are several outcomes that can result from arbitration.  The arbitrator may side with either party, (s)he may agree or disagree on certain points with both parties, or, prior to the end of the arbitration proceeding, both parties can mutually agree upon a settlement release.  The current arbitration regarding shift exchanges is a class action grievance concerning a contract language dispute. The class action grievance was filed on behalf of all members of AFCME Unit 8. 

 

     There are some very important things Local 1539 members need to understand when it comes to arbitration.    Arbitration is a very lengthy process; so Local members have to be patient to hear the outcome. Also, if the arbitration proceeding goes to an arbitrator’s decision, that decision is final and binding.  Both sides have to adhere to the arbitrator’s decision.

 

     I would like to take this opportunity to implore Local 1539 members to become more actively involved in the Union.  Too often I hear, “What am I paying dues for?”  or “What does the Union do for us?”   All members have a choice.  You can pay your dues and sit idly by and let events unfold without your input.  Or, you can attend Union meetings on a regular basis, make motions, vote on issues at hand, submit contract proposals prior to negotiations and let your opinions be heard.  Our Local is what we make it and each full share member has opportunities to make a difference if they choose. 

 

     I hope this report has been helpful to Local 1539 members on shedding some light in the arbitration process.  If any member has further questions regarding the arbitration process, feel free to talk to the Local 1539 Officers and board members.   You can also reference Article 17 of the contract between AFSCME and the State of Minnesota.