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Appealing an Arbitration

BarbieWBarbieW 117 Posts
in HR & Employment Law Vote Up0Vote Down

Does anyone have experience with appealing an arbitration decision? We just got a decision from a panel reinstating an employee and I'm curious if anyone has had luck appealing one--do they every get reversed? We really don't want this person back.

 Thanks

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  • 5 Comments sorted by Votes Date Added
  • thookerthooker 1 Post
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    I haven't had any experience with that.  I handled union contracts for over 8 years.  When I truly wanted someone "gone", I coughed up a settlement amount versus risking losing an arbitration.

     

    What does your contract say in regards to appealing? 

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  • NormaSNormaS 4 Posts
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    No, I haven't but the suggestion to look at your contract is sound advice.  I've handled several arbitrations and lost some very good cases because of the tenure of the employee.  Our contract said that the decision was binding so we had to reinstate the employee (with no back pay).  Other times, we settled for small amounts of money so we did not have to take the employee back.  I never lost an EEOC suit in 15 years but never won at arbitration (even though in every case, we had just cause and followed the contract).  I feel your pain.
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  • kenmeyerkenmeyer 2 Posts
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    Barbie:

    Trying to appeal an arbitration is near next to impossible.  The only thing I could recommend to you is to try to settle with the person in order not to have them come back.  What I found helps me in justifying the expense is to look at salary accruals for the department to try to find money to pay for the settlement.  Sometimes there's "hidden savings" that you can tap that would lessen the financial hit of a settlement.

     Gook Luck!

    Ken

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  • BarbieWBarbieW 117 Posts
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    Hi Ken

    I had a feeling that was the case, but thought I would check. I guess working out a settlement is the only real option. I appreciate the ideas about finding it in the budget though--I didn't get that far yet.

    Barbie

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  • LivindonSouthLivindonSouth 1,358 Posts
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    "I never lost an EEOC suit in 15 years but never won at arbitration...."

    Now there is a statement worth a million bucks! And one with which many of us can identify. There's really something to contemplate in that true statement. It ought to be on a name plate in front of every employer rep at arbitration.  

     

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