Date(s) - 02/04/22
11:30 am - 1:30 pm
COLERA Virtual Arbitration Academy – Session 5
Element of a Charge and Case Theory and Preparation
COLERA is offering “free arbitration skills training” to our members. Each session is approximately two (2) hours in duration and will begin at 11:30 a.m.
Element of a Charge
In unionized workplaces, employers must have cause to discipline employees. This presentation will explore some standard workplace charges facing employees. Arbitrator Brookins will discuss the elements of the charge and what must be proven to support the charge. He will also distinguish between those charges requiring intent and those that do not. He will talk about those instances where the employer may discipline the employee for off-duty misconduct when such misconduct bears a sufficient “nexus” to the workplace. Finally, Arbitrator Brookins will discuss those charges that warrant summary dismissal instead of those that the employer should progress due to the penalty considerations.
Our speaker for this session is Arbitrator Robert Brookins.
Robert Brookins – Arbitrator Brookins is a Professor of Law at Indiana University, Robert H. McKinney School of Law, and is a long-time member of the National Academy of Arbitrators. Arbitrator Brookins serves on various rosters of neutrals, including the American Arbitration Association and Federal Mediation and Conciliation Service. He is currently a permanent panel member of the OCSEA/AFSCME Local 11/State of Ohio and the Greater Cleveland Transit Authority. Arbitrator Brookins has decided many issues ranging from A (Absences) to W (Work Rules) and has worked in various industries from A (Airlines) to W (Warehousing). His academic Publications include “A Rose By Any Other Name … The Gender Basis of Same-Sex Sexual Harassment, “Policy is the Lodestar When Two Wrongs Collide: After Acquired Evidence and Employer Liability”, Hicks, Lies, and Ideology: The Wages of Sin is Now Exculpation, Mixed Motives, Title VII, and Removing Sexism: The Rhetoric and the Reality”, and his work in progress, “Tea Leaves and Crystal Balls: Employer Liability for Sexual Orientation Discrimination Under Title VII.”
Arbitrator Brookins received his B.S. in 1974 from the University of Florida, his J.D. in 1978 from Cornell University, and his Ph.D. in 1990 from Cornell University.
Case Theory and Preparation
Your case theory provides the basis for preparing for the arbitration hearing and presenting the case in Arbitration. Case theory is the strategic plan for achieving your goals in arbitration. A properly developed theory directs you to the central issues in dispute. This presentation will discuss why developing a theory of the case is one of the most important tasks you perform in preparing for an arbitration agreement. Arbitrator Kloepfer will also discuss the importance of proper case preparation long before the arbitration hearing. A properly developed theory of the case will provide guidance for your presentation, e.g. investigating, interviewing, selecting witnesses, preparing an opening state, selecting exhibits, examining witnesses, and preparing closing arguments.
Our speaker for this session is Arbitrator Gary Kloepfer.
• He is a Communication Expert
• Practiced as a labor advocate for 36 years
• 7 years active as an arbitrator
• Eligible to hear and resolve grievances through the utilization of the grievance/arbitration portion of the Collective Bargaining Agreement as well as Contract Disputes using the Interest Arbitration discipline. His practice included in-person and a virtual format option.
Arbitrator Kloepfer established his Arbitration Practice in 2016. He is currently a panelist for the American Arbitration Association (AAA) and the Federal Mediation and Conciliation Service (FMCS), the National Mediation Board, as well as the Postal Service panels for Mail Handlers Union, AFL-CIO, and the American Postal Workers Union, AFL-CIO. In addition, he is certified as an Arbitrator for the States of Oregon, Washington, Montana, Ohio, Kentucky, and Pennsylvania. He also served 45 years as an elected officer for the American Postal Workers Union, AFL-CIO at the Local, Regional and National.
Meeta Bass, COLERA President, and Arbitrator/Mediator
Pricing and Registration
This webinar is free of charge for COLERA members. Nonmembers can still participate at a cost of $25 for each session. Whether you are a member or a non-member, please book your seat below to reserve your spot and receive the information to join the webinar.
A video recording will become available to COLERA members after the event; please check the members’ only video archive following the event.
Webinar Join Information
This online event will take place via Zoom meeting. Please book your seat below and you will receive the Zoom join information via email to save. Please keep the Zoom details and join link secure and do not forward, distribute, or share in a public space to discourage unknown individuals from being disruptive.
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