APWU Steward

Updated December 17th, 2024

This training is a topic I would consider ‘advanced’ and is strategic. Some terminology is self-created/ coined, but it must be identified for the sake of teaching. This training gives insight into how an Arbitrator could rule and why. For experienced advocates, some information may not be congruent with your experiences. This information has been gained from thousands of Arbitrations, acts as a ‘best practice’, and is not Region-specific.

If using this material to self-teach, remember that your National Business Agents and your Local Leadership may have differing opinions.

The intent of this training is not designed to replace other training, such as Arbitration Training; the purpose of this training is to empower stewards to properly use and write settlements that actually resolve Grievances while setting up future Grievances for better results.

If you would like me to teach this training at your local / office, please contact me at chornoby@apwu480.com

This training covers:

1. The Difference between a Remedy and a Settlement
2. Identify CBA and Non – CBA Remedies
3. How Arbitrators Rule
4. Common Settlement Hurdles
5. Escalating Remedies
6. Settlement Ladders
7. Understanding and Using Language / Phrases
8. Common Arbitration Remedies
9. Citing Arbitrations
10. Using Remedies as a Tactic

Accompanying Documents:

This training does not have accompanying documents (Or you would need to review several Arbitration Text Books and thousands of Arbitrations).

This training has optional accompanying exercises:

1. After Slide 36, an exercise of attempting to write a Settlement.
2. After Slide 47, an exercise of identifying which Remedy to use for specific prompts.
3. After Slide 57, an exercise to identify which tactic/strategy to use for specific situations.

ALL EXERCISES SHOULD BE LOCAL SPECIFIC – I.e. In one Local, you may have issues with a Hostile Work Environment, whereas, in others, you have a problem with Management paying out and settling Grievances at Step 1 / Step 2 but continue to violate. These exercises are primarily useful WHEN local-specific, so no examples are provided on this webpage.

For Exercise 1:

Provide the group/class a hypothetical Local issue, and an example of the intent of the Settlement.

For example, if the local issue could be Management has been arbitrarily denying 3189’s. The Union may want a Remedy which requires Management to evaluate each 3189 on its own merit.

The Student/Steward will write a sample Settlement to reach the desired Remedy.

For Exercise 2:

Provide the group/class a list of real local issues, and have each individual or the group as a whole select which Remedy would be most appropriate to request at Step 1 / Step 2.

For example, Recurring Violation for Approving 3971s; Recurring Violation OTDL Violation with a Cease and Desist; Notice of Removal; etc.

This exercise is designed for group input. Answers should be provided by hand-raising or breaking the class into groups to discuss. An officer/instructor should ensure the groups are on the right track.

For Exercise 3:

Have the group/class to identify if a Strategy should be used (Cease and Desist, Escalating Remedy, Multi – Grievance, etc.) and which one for the provided prompt.

For example, a prompt could be: Compliance with an Arbitration Award; A Cease and Desist; Recurring Past Practice Violation; etc.

The intent of this exercise is group input and an open discussion on the place, and purpose of different Strategies. This exercise is very important for Chief Stewards / Officers who are attempting to formulate a ‘plan of attack’ against Management.