Labor Arbitration Service

As all union and management leaders know, arbitration is a process of dispute resolution where a neutral third party (i.e., someone not involved in the dispute) makes a final and binding decision in a dispute. The decision is rendered by a trained arbitrator after a hearing where both parties can present their case, including the testimony and cross-examination of witnesses and, if desired, written briefs summarizing arguments, arbitral principles, and relevant case law (including previous arbitration decisions). The arbitrator then deliberates and writes an opinion and award document with his or her decision and the reasons for it and a description of the award.

Types of Labor Arbitration

Most collective bargaining agreements contain a provision that provides for arbitration as the last step in the agreed-upon grievance procedure. This is known as grievance arbitration and occupies most arbitrators' time.  “Interest arbitration” is arbitration as a final step in the collective bargaining process where the parties have reached impasse on one or more issues. “Factfinding” is a similar process usually used in public sector collective bargaining where an arbitrator (a “factfinder”) submits a report with a resolution of the dispute, that may or may not be binding on the parties. 

Tom Kruglinski is a trained and certified arbitrator, a member of the labor panels of the American Arbitration Association, the Federal Mediation and Conciliation Service, the New Jersey State Board of Mediation, the New Jersey Public Employee Relations Council, and several other panels. He was trained by the Federal Mediation and Conciliation Service and mentored separately three times by members of the National Academy of Arbitrators (Arbitrators Melissa Biren, John Trela, and Thomas Nowel). He has attended many additional training sessions in arbitration-related topics. Sample opinion and award documents can be found at the following links.