Winning Cases at Grievance Arbitration:
Maximizing the odds, minimizing the risks
Post-Conference Workshop

Presented by Lancaster House and the University of Toronto,
Centre for Industrial Relations and Human Resources

Friday, December 10, 2010
Full-Day Interactive Session
9:00 a.m. – 4:00 p.m.

Sheraton Centre Toronto Hotel
123 Queen Street West, Toronto, ON, M5H 2M9

This workshop teaches participants the skills needed for success in the arbitration process – in pre-hearing meetings and settlement negotiations, as well as at arbitration hearings – from identifying key issues and obtaining relevant information to preparing witnesses, hearing strategy, opening statements and closing arguments. Whether you are dealing with your first grievance or your hundredth, you will benefit from our experts' practical guidance on critical topics such as:

• Pre-hearing Preparation: Learn how to investigate the facts and prepare witnesses; arrange for the issuance of subpoenas, if necessary; obtain signed statements; develop a theory of the case; identify the key issues; plan the evidence; find relevant case law and structure legal arguments; choose which remedy/hearing outcome to press for; and prepare to meet the other side's case.
• Pre-hearing Disclosure: How can you access investigative reports, employee medical records, employer policies, internal management and union memos, and other asserted confidential information in advance of the hearing? What types of disclosure conditions should be sought or accepted? What types of documents and information can be shielded from disclosure? To what extent are criminal law disclosure rules applicable in arbitration (e.g. provision of "will say" statements)? When should a party ask for an independent medical assessment?
• Settlements: Who should participate in settlement discussions? What information and documentation should you seek at this stage? How much information about the facts and your theory of the case should be revealed during settlement negotiations? What should be considered in deciding whether to settle or to proceed to a hearing? What leeway does the union have to settle a grievance, and what role does the grievor play in any pre-hearing settlement? What statements made during settlement discussions may be referred to in subsequent hearings, and what statements are protected by "privilege"?
• Making the Case: Which party goes first? What are the essential features of an effective opening statement? What are the best ways to effectively examine your own witnesses and cross-examine the other side's witnesses? How should one deal with uncooperative or unavailable witnesses? What is the proper way to introduce documentary evidence? When and how do you use expert witnesses? How should you deal with past similar misconduct? What is the effect of the rule in Browne v. Dunn? What is the scope, and what are the limits, of re-examination?
• Dealing with Objections: How, when and why should you object, or refrain from objecting to, the other side's evidence? How should objections from the other side be handled?
• Presenting the Final Argument: How should you build into your final argument a theory of the case? What is the best approach to making submissions regarding the evidence, in light of witness credibility and the plausibility of witness' testimony? What role should onus of proof play in your presentation? How can maximum use be made of collective agreement clauses and legislative provisions? How can you make the best use of texts, commentaries and case law? How can you present alternative arguments without weakening your theory of the case? Should you anticipate the other party's arguments or wait for reply before presenting your responses? What is the proper role for reply argument?