Steps Leading to Arbitration

Step 1: Conflict

Step 1: Conflict

  • Conflict occurs when there is a disagreement regarding an employment contract
  • An employee breaks the employer's rules or regulations in an employment contract
  • An employer breaks the rules or regulations in an employment contract

2. Investigatory Interview

Step 2: Investigatory Interview

  • After conflict occurs between an employee and an employer, the employer will conduct an investigatory interview 
  • The purpose of the investigatory interview is to gather as much detailed information as possible about the incident that has caused the conflict
  • Learn more about how to prepare for an investigatory interview!

3. Letter of Discipline

Step 3: Letter of Discipline

  • Following the investigatory interview, if the employer decides to discipline the employee, the employer will write a letter of discipline to the employee
  • In the letter of discipline, the employer will inform the employee of which contract rules and regulations have been violated
  • The letter of discipline will provide reasons why the employer has chosen disciplinary action 

4-A. Grievance

Step 4: Grievance

  • If the employee thinks the discipline is unfair, they may file a grievance
  • A grievance is a written statement that asserts why the employee thinks they have been treated unfairly

4-B. ER Response

Step 5: Employer Response

  • The employer will answer the grievance with a written response
  • The response will state either reduction in discipline or that the discipline will stand
  • If the CBA or employee handbook has a mediation provision, the employer and employee may use a mediator to attempt resolution of the dispute
  • Learn more about mediation.

Step 6

Step 6: Pre-Arbitration

  • The parties in dispute will typically meet with the arbitrator prior to the arbitration hearing
  • At the meeting, the arbitrator will discuss the evidence to be submitted 
  • The evidence may include: witness list, potential settlements, discovery, and number of days required for arbitration, etc. 
  • Learn more about how to prepare for pre-arbitration!

Page last modified August 14, 2018