"This is an exceptional book explaining all aspects of labor arbitration cases. Mr. Loughran, who has both presented arbitration cases as an advocate and heard cases as an experienced arbitrator, thoughtfully explores how labor union and employer advocates should prepare for arbitration hearings. He talks about how advocates should initially use their negotiation skills to settle grievances, and how they should select arbitrators for cases that have to go to trial. He then discusses how advocates should present cases, and how they should file post-hearing briefs. This is a wonderful book for employer and labor union representatives, management and labor lawyers, and even practicing labor arbitrators. As a person who has both taught labor arbitration courses and heard many cases as a labor arbitrator, it is a pleasure to recommend this book enthusiastically. "
November 29, 2023
Testimonials
"The new, expanded edition of Labor Arbitration Practice by Charles Loughran is an important contribution to the field of labor relations, a subject area which continues to have an impact of millions of unionized workers in the U.S. Distilling a half-century of experience as an advocate and arbitrator, the author provides a comprehensive, clearly written, and well-organized overview for advocates in both the public and private sectors. Clients will find the book helpful as a resource as well, in part because legal formalities and case citations are kept to a minimum. Arbitrators, too, can benefit from the author's explanations of essentials as viewed by practitioners. Those engaged in employment arbitration cases in the non-union workplace also will find much of value in this volume given the procedural similarities for that emerging area of work.
The book's treatment of major topics offers a worthwhile guide for advocates, especially when investigating and assembling evidence prior to hearing. A good example is the step-by-step analysis of documentary proof that is useful in demonstrating bargaining history for contract interpretation disputes. Readers concerned about the application of evidence rules will find particularly helpful the book's straight-forward summary of hearsay and its many exceptions, a topic of special interest for non-lawyer advocates. Beyond these general subjects, more experienced readers will appreciate the author's consideration of issues that are often are nuanced; for example, waivers of arbitrability objections, structuring opening statements, bifurcating hearings, calling a grievant as an adverse witness, appropriate tests for disciplinary cases, and testimonial privileges for non-lawyer representatives. Of special value is the book's insightful review of how to conduct effective direct and cross examinations, and whether rebuttal testimony is warranted. Another chapter, new to this edition, offers feedback and evenhanded commentary on the author's survey of arbitrator views on case-handling best practices by advocates. If you are going to purchase a one-volume treatise for the field, I recommend Labor Arbitration Practice."