Expert: Timmy Chou - 3/11/2010

Question
I WAS TERMINATED ON FEBRUARY 1ST 2010 FOR MISCONDUCT. ANOTHER EMPLOYEE CAME AT ME WITH A GOLF CART AFTER MESSING AROUND WITH HIM BY CALLING HIM NAMES. HE CAME AT ME AND STRUCK MY LEFT ELBOW AS I TRIED TO GET OUT OF WAY. I REACTED BY PUSHING HIM ON RIGHT ARM. THE UNION TELLS ME THAT IT WANTS TO TAKE CASE TO ARBITRATION. THE DISTRICT REP FROM MY UNION THINKS I HAVE A GOOD CASE. COMPANY HAS A ZERO TOLERANCE POLICY AGAINST WORK PLACE VIOLENCE. COMPANY SAYS I DIDN'T NOTIFY SUPERVISION WHEN THEIR WAS A SUPERVISOR PRESENT. HE JUST DID NOT REPORT INCIDENT IMMEDIATELY. AND THAT I WAS AT FAULT ALSO FOR CALLING OTHER GUY NAMES AND SAYS WE BOTH WERE FIGHTING WHEN AFTER INCIDENT WE RESOLVED OUR DIFFERENCES AND WORKED THE REST OF DAY AND THE FOLLOWING WEEK WITH NO OTHER PROBLEMS. I HAVE NO PAST HISTORY OF ANY PHYSICAL CONTACT WITH ANY OTHER EMPLOYEE AT THE PLACE WERE I WORKED. I HAD 20 YEARS BEING AT JOB. WHAT I WANTED TO ASK DO YOU THINK I HAVE A GOOD CASE TO TAKE TO ARBITRATION? COMPANY HAS ZERO TOLERANCE AGAINST PHYSICAL CONTACT BUT I REACTED AT THE MOMENT AND DID NOT INTEND TO MAKE EMPLOYEE ANGRY.

Answer
Thanks for your question!

Unlike litigation conducted in State and Federal Courts, arbitration is very industry and location specific in how it is conducted and how it is administered.  Different venues have all developed unique and very different conventions and processes that they use in their specific situations.  Therefore, an arbitration between parties at the Postal Service is a completely different process than a military arbitration or procurement or contracting arbitration or real estate or human resource arbitration.  

Hence, other than a general form and rules of engagement, there isn't really a proscribed "procedure" that applies to all arbitration processes, so it is very hard to give you an opinion.

Arbitration has a simple general approach that involves each side presenting their view of the dispute, and then some opening for less formal discussion and for the arbiter to ask questions and review evidence or documents, followed by a ruling.

Once an arbitration has occurred, what happens next also varies widely.  Sometimes the decision is entered as a stipulated judgment in a court, other times it is administered internally or through a Union or Trade organization.  Other times there is no post-judgment structure at all -- and the "winner" must still pursue additional actions to get satisfaction.  

I am sure that in your case there are fairly well accepted rules.  See if you can consult others who have been through the process for clues as to what to expect.  My own experience with arbitration is that the result is many times a "split the baby" proposition, meaning that both parties get something, but neither gets all it wanted, and often both sides go away unsatisfied.

Anyway some ideas for you.

hope this helps, good luck!