Labor-Management Dispute Resolution

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Labor Arbitration

• Labor arbitration is an informal adjudicative process in which labor and management empower an Arbitrator to issue a final and binding award based on evidence submitted in a hearing. The authority for appointment as a labor arbitrator arises from the collective bargaining agreement.

• Richard Fincher is a nationally recognized labor arbitrator and serves on numerous labor panels, including the FMCS, the American Arbitration Association, and the National Mediation Board. Over the past five years, he has arbitrated over 100 labor grievances. In 2005, he was selected an “Advanced Practitioner in Labor and Employment Arbitration” by the Association for Conflict Resolution.

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Grievance Mediation

• The vast majority of grievances are settled prior to labor arbitration. Labor-management are increasingly considering mediation as an alternative to arbitration. We are accomplished mediators of labor grievances. We have mediated numerous labor grievances concerning discipline and contract interpretation.

Arbitration of Neutrality Agreements

• Neutrality agreements are increasingly accepted as a tool to set the groundrules for union organizing conduct. We conduct union recognition and ratification elections, union cardchecks, and arbitrates disputes arising from neutrality agreements.

Joint Labor-Management Training

To achieve cooperative and productive relations, union leaders and employers require substantive knowledge and process skills in collective bargaining, labor arbitration, and contract administration. We have the curriculum and instructional model to effectively deliver such capabilities. We have delivered training to the IBEW, CWA, Laborers International, AFSCME, Firefighters Association, Pilots Association, Flight Attendants Association, Honeywell Corporation, City of Phoenix, Boeing Corporation, and Salt River Project. Our custom developed curriculum includes:

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Interest-based Negotiations

The negotiation of labor and employment agreements is increasingly complex. Traditional bargaining is often about relative power and willingness to use it against each other, often at the expense of a better agreement or even the relationship. We utilize interest-based problem solving as a process that enables negotiators and leaders to become joint problem-solvers. The process assumes that mutual gains are possible, that solutions which satisfy mutual interests are more durable, and that parties should help each other achieve a positive result.

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