Are there any special considerations for labor arbitration?
Yes, there are special considerations for labor arbitration in California. Labor arbitration is a private process for resolving labor disputes between employers and employees. This type of arbitration takes various forms, including voluntary (agreed upon by the parties) and mandatory (required by contract or law). In California, labor arbitration is governed by the Labor Code, which provides additional protections to employees, who are assumed to be in a weaker bargaining position than employers. For example, the Labor Code requires labor arbitrators to provide both parties an equal opportunity to present their case and directs them to provide a written decision outlining the facts and the reasoning behind their decision. In addition, certain labor disputes, such as those pertaining to wages, hours worked, or working conditions, must be resolved through the grievance procedure specified in the relevant union contract or state labor law. This procedure ensures that both employers and employees have access to the same information and can make their cases with the assistance of a neutral arbitrator. The California Arbitration Act also applies to labor arbitration and sets forth additional rules and procedures governing the process, such as requiring all parties to share information with one another in a timely manner and granting the arbitrator authority to limit the number of witnesses or other evidence that may be presented. Finally, the California Supreme Court has expressed a strong preference for labor arbitration over litigation, due to its efficiency, cost-effectiveness, and ability to provide workers with a voice in the workplace.
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