Arbitration Success is in the Details
One of the most
important services NSO offers its state affiliates is assistance
with grievances and arbitrations. According to Vice President
for Defense Marius Ambrose there are several basic steps NSO
affiliates can take for optimum results.
Ask NSO for
assistance early in the process.
NSO affiliates make their own decision concerning grievances and
whether or not they go to arbitration. If you believe a
grievance may proceed to arbitration then contact your NSO
regional director immediately, who in turn, will contact the
Vice President for Defense. “Contacting your regional director
as soon as the demand for arbitration has been filed gives me
the opportunity to search for an advocate who will best
represent your interests,”
said Ambrose.
Follow your
procedure to the letter.
It doesn’t matter how in-depth the evidence is or how egregious
the violations are, if you don’t follow your negotiated
grievance procedure the case can be lost on a technicality.
It’s unfortunate how many arbitrations are dismissed because of
something as basic as not meeting the timelines. These types of
losses can damage your credibility with your members as well as
giving management an opportunity to denigrate the grievance
process.
Weigh the short
and long term ramifications of negative arbitration results.
Decisions based on the political climate within our state
affiliates often influence our
decision to take an issue to arbitration. It’s very important
that NSO affiliates carefully review the merits of a grievance
at the pre-arbitration level. Arbitration decisions should be
based on merit not data. Affiliates should determine, among
other things, whether the grievance affects a class of employees
or does the grievance potentially raise a question better left
unanswered. These and other issue related questions should be
answered and the potential implications carefully weighed by the
affiliate prior to taking the grievance to arbitration.
If, after careful consideration, the
affiliate does decide to take the case to arbitration, NSO will
pay the expense of the advocate and reimburse the affiliate 50%
of the costs of the arbitration as well as the AAA filing fee.
To receive reimbursement, the affiliate must submit both an
Arbitration Subsidy Request Form and an Arbitrator Evaluation
Form plus photocopies of the arbitrator’s bill. NSO does not pay
for travel or lodging costs for witnesses nor does it pay for
court transcripts without prior approval.
“NSO supports our state affiliates in
their efforts to maintain their contracts,” said NSO President
Chuck Agerstrand. “Contact your regional director and we will
make sure you receive the assistance you need.”
Marius Ambrose, Vice President
(Defense)
mambrose@mstanea.org
