THE PUBLIC SECTOR EMPLOYER'S AND UNION'S RIGHT TO CONDUCT PREARBITRATION INTERVIEWS

KURT H. DECKER

---

DOI: 10.2190/6KMG-J64W-4EUM-PQ4Y

Abstract

This article examines the use of prearbitration interviews within the public sector. Prearbitration interviews involve an employer's or a union's questioning of individuals who may have knowledge of the facts surrounding a grievance immediately prior to a scheduled arbitration hearing. The permissibility of using prearbitration interviews has already been acknowledged in the private sector. A corresponding use is particularly important for employers, employees, and unions, since it relates to the continuity and overall functioning of the grievance arbitration procedure. Permitting this type of interview, for which a statutory foundation may exist in the public sector, need not be looked upon as suspect if these interviews are properly limited to avoid infrining upon any protected employee rights. This can be accomplished by having both employer and union representatives present at any prearbitration interview.

---

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.