How Arbitrations Help Preserve Labor-Management Peace, Part II

Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson for the second installment of a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the procedures and fora associated with mediation and arbitration in Wisconsin and nationally. In this episode, Tom and Jon build on their prior discussion with Howard, covering the role that mediation and arbitration plays in maintaining labor-management peace. The conversation explores the arbitrator’s point of view in the dispute resolution setting, and Howard provides signature perspectives on taking the temperature of the disputants and learning how to read a room, even when that room is virtual. Tom, Jon, and Howard then consider some best practices for the arbitration process, including the need to be clear in communicating with the arbitrator, to understand what the case is ultimately about, and to confront the weaknesses of your case. The group also discusses the value of written briefs and opening statements in the context of arbitrations, where arbitrators often have no real knowledge of the substance of the matter until the disputants present their cases. The episode concludes with a brief summary of how the arbitration process has evolved as public policy has shifted repeatedly—particularly at the National Labor Relations Board—during the first quarter of the 21st century. Be sure to catch this interesting discussion about the crucial role arbitration plays in maintaining accord between labor and management.