Please Share Your Arbitration Awards!

Volume 15, Issue 27
December 9, 2016

arbitrationFor many years, Kamer Zucker Abbott has collected arbitration awards to include in a database called ARBIT. ARBIT is a searchable clearinghouse of public and private arbitration awards secured by KZA and our clients. ARBIT is available on Westlaw under "Arbitration Materials/All Arbitration Awards/Other Arbitration Awards," and can be searched by anyone with a Westlaw password.

ARBIT is a valuable resource for many reasons. First, it allows us to research arbitrators to determine which arbitrator has the most (or least) expertise in an area or how an arbitrator is likely to rule on a particular issue. Second, it allows us to keep the unions honest by determining whether the union involved in a particular current dispute is taking a stance consistent with its position in other former cases with similar issues. Third, it allows us to demonstrate to arbitrators (who are not likely living or working full time in Las Vegas) how the Las Vegas industry approaches an issue.

But perhaps more importantly, ARBIT allows all of us to determine how contract language in a collective bargaining agreement has been interpreted in other cases. This is critical because arbitrators will assume that the employer and the union are aware of such other cases and may then hold the parties to those prior interpretations. The unions are well aware of this and many maintain their own databases of decisions but provide only the cases that support their position when needed. Employers need access to all the cases showing how arbitrators have interpreted contract language in the past.

While KZA adds new arbitration cases to ARBIT each year, through awards we obtain and through those obtained from information requests we send to the unions, the more awards we have, the more effective the database is. As such, we are writing to ask you to send us your arbitration awards to include in ARBIT. We will redact party names throughout the case to ensure confidentiality before we submit the case to ARBIT. We would appreciate receiving your new awards as well as your prior awards (particularly those from the last 10 years).

We are all a part of the same community of employers and many of us have unified interests when it comes to our relationships with unions. Let's help each other out where we can. If you have questions about ARBIT, please contact Gregg Kamer at KZA.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.