LABOR RELATIONS ACADEMY MASTER (CLRM) CERTIFICATION PAPER GUIDELINES
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1 LABOR RELATIONS ACADEMY MASTER (CLRM) CERTIFICATION PAPER GUIDELINES To earn your CALPELRA CLRM certification, you must submit a written analysis of either factfinding/interest arbitrations or grievance arbitrations. 1 These papers, when accepted as meeting CALPELRA s CLRM standards, will help create a resource exclusively for CALPELRA members who want in-depth analysis and commentary about California-based arbitrators. OVERVIEW After completing the required three core Labor Relations Academies, the basic steps for earning your CLRM certification are: 1. In conjunction with CALPELRA s Executive Director or the Executive Director s designee, select an arbitrator(s) for analysis. 2. Participate in an orientation to learn how to find arbitration awards and locate other resources you ll need to write your paper. 3. Conduct your research and analysis on the selected arbitrator(s). 4. Submit a final draft of your paper for approval. This stage may involve several revisions or instructions to perform additional research and/or analysis. A. Participate In Orientation REQUIREMENTS Sign up for one of the orientations posted on CALPELRA s Web site. During the orientation, you will learn how to find neutral factfinder or grievancearbitration decisions, and how to determine and download the correct impasse criteria for your agency. You may obtain information about how to write your paper using professionally accepted sentence structure and grammar. And you may ask questions about the paper requirements and CALPELRA s expectations. 1 Under very limited circumstances, and solely with the written approval of CALPELRA s Executive Director, some individuals may be permitted to submit a paper on a topic other than specified above.
2 B. Conduct Research STEP 1: Determine Which Analysis You Will Complete You must complete one of the following analyses: (1) An analysis of one decision by one neutral (either one factfinding/interest arbitration decision, or one grievance arbitration/contract interpretation award); or (2) A comparative analysis of two neutrals involving at least one decision by each neutral. STEP 2: Select The California-Based Arbitrator / Neutral Factfinder / Interest Arbitrator ( Neutrals ) With The Required Reported Decisions Select either: (1) One neutral with at least one reported decisions within the last 10 years; or (2) Two neutrals, each with at least one reported decision in the same category of factfinding, interest arbitration, or grievance arbitration. If possible, the neutrals should be based within your agency s general geographical area. Note: For any analysis, whether an analysis of a single neutral or a comparison of two different neutrals, you may not mix the types of activities. For example, do all factfinding decisions or all grievance arbitration decisions; not some factfinding decisions mixed with some contract interpretation decisions. Factfinding awards are available on PERB s Web site. Arbitration decisions can be obtained by searching the Internet or books of published awards, or directly from the neutral arbitrators. Appropriate decisions for this project are limited to factfinding, interest arbitration, or contract interpretation (grievance) arbitration. Disciplinary action decisions may not be used. -2-
3 STEP 3: Research Regarding Hearing Conduct If possible, personally attend or participate in one of your selected neutral s arbitration or factfinding hearings. Contact agencies involved in a factfinding or arbitration case. Ask questions of agency representatives, including: (1) how the neutral conducted the hearing; (2) the order of union and agency strikes for the neutral s selection; (3) the agency s overall analysis of the neutral s objectivity under the circumstances; (4) whether a transcript was made or post-hearing briefs were submitted (ask for a copies if available); and (5) any important information other agencies should know about the neutral. This information will assist you with your analysis. STEP 4: Analyze The Neutral s Performance Analyze the neutral s performance in writing, using the format CALPELRA has provided and the information you have collected in response to the questions outlined below, under Factfinding Or Interest Arbitration Decision Analysis, or Contract Interpretation (Grievance Arbitration) Decision Analysis. Be sure to refer to the separate Organizing Your CLRM Certification Paper: A Guide, before you begin writing. STEP 5: Summarize Your Findings As a final step of your written analysis, draft a Summary Of Analysis And Related Information, including the following information: A single paragraph summary of the author s analysis of the neutral. A topical listing of the issue(s) decided by the neutral. For each public agency that used the neutral, list:! The agency s contact information;! The order of strike used to select the arbitrator, or the history of the strike; and! Whether the neutral was objective under the circumstances. -3-
4 FACTFINDING OR INTEREST ARBITRATION DECISION ANALYSIS Draft your paper by responding to the questions listed below. Discuss the quality of the neutral s decision-making, regardless of whether management won or lost the dispute. A. Neutral s Characteristics 1. Controlling The Hearing a. Did the neutral control the hearing? Did the neutral permit one or more party or representative to exert excessive control over others or the hearing? b. Did the neutral permit one party to waste time with long breaks, caucus discussions, and tangential issues? c. Did the neutral run an informal or formal hearing? Describe the best and worst aspect about how the neutral controlled the hearing. 2. Tendency To Mediate Instead Of Decide a. Did the neutral attempt to mediate the dispute without express approval? b. Did the neutral attempt to avoid writing a decision? c. Did the neutral provide a comprehensive written analysis applying the evidence to established statutory factfinding standards? d. Did the neutral provide only recommendations without analyzing and weighing the evidence and data presented by the parties? 3. Objectivity And Fairness Did the neutral factfinder appear to be objective and fair? Discuss evidence of bias or tendency to favor one party or the other. -4-
5 B. Deciding An Ability-To-Pay Argument (Interest Arbitration Or Factfinding Awards) (Factfinding, Government Code Section for MMBA, or other relevant statute for EERA or HEERA.) 1. Did the neutral consider the interests and welfare of the public and the financial ability of the public agency as required by Section ? If so, your analysis should include the following: a. What did both parties assert about the agency s ability-to-pay? b. Did the agency assert there were competing non-compensation expenditures that should be considered as part of the agency s ability-to-pay wages? How did the neutral handle these competing interests? c. Did the neutral consider the agency s long-term financial plan or did the neutral consider only a limited number of budget years? d. Describe the neutral s ruling and rationale on ability-to-pay issues. C. Application Of Total Compensation And Comparability Issues (Interest Arbitration Or Factfinding Award) 1. Were there disputes over which agencies and benchmark positions should be included as comparators? How were the differences resolved? 2. Were there disputes over which compensation elements should be included in total compensation? How were the differences resolved? 3. Were there disputes over the appropriate target for the agency (e.g., mean, median, top 30%)? How were the differences resolved? Was weight given to being at, below, or above the target for comparable agencies? 4. How did the neutral weigh total compensation comparability against the ability-to-pay or the increase in the CPI? 5. Describe the neutral s ruling and rationale on comparability issues. D. Consumer Price Index Issues (Interest Arbitration Or Factfinding Awards) 1. Did the neutral limit evidence to a direct comparison of Consumer Price Index (CPI) to just salary increases (COLA), or did the neutral consider evidence of the employer s increased payments for health, pension, and salary in comparison to the CPI? -5-
6 2. How many years of CPI data did the neutral view as appropriate for use (e.g., 2 years, 5 years, 7 years, 10 years)? What was the neutral s rationale for number of years of CPI data? 3. How did the neutral rule or weigh the increase in the CPI against ability-to-pay, comparability, or settlement pattern? E. Internal Comparability And Settlement Pattern 1. Did the neutral take into consideration a settlement pattern within the agency s other bargaining units? If so, describe. 2. Did the neutral take into consideration how other employee groups of the same agency ranked in terms of total compensation as compared with the bargaining unit employees engaged in factfinding? If so, describe how the neutral resolved the matter. F. Other Factfinding Or Interest Arbitration Criteria (Interest Arbitration Or Factfinding Award) Using the factfinding criteria (other than CPI, comparability, ability-to-pay) in the appropriate statute or the specific interest arbitration criteria in city or county charter provisions, describe how the neutral ruled on or applied other criteria. Describe how well the neutral s written analysis demonstrated application of all relevant factfinding or interest arbitration criteria. G. Special Substantive Issues Other Than Compensation Describe any key issues, other than compensation items, that were decided by the neutral. Discuss the basic arguments and how the neutral resolved the matters. H. Data Obtained From Other Agencies Experience With the Neutral 1. Explain whether the agency would select the neutral again. Why or why not? 2. What was the order of strike by union and management to select the neutral from the list of factfinders? 3. Analyze any other data or comments the agency had about the neutral. I. List Of Issues On Which The Factfinding Panel Made Recommendations Provide a list of the issues upon which the factfinding panel made recommendations. -6-
7 CONTRACT INTERPRETATION (GRIEVANCE ARBITRATION) DECISION ANALYSIS Draft your paper by responding to each of the questions listed below. Describe the quality of the neutral s decision-making, regardless of whether management won or lost the dispute. A. Controlling The Hearing 1. Did the neutral control the hearing or did the neutral permit one or more party or representative to bully others or exert excessive control over the hearing? 2. Did the neutral permit one party to waste time with long breaks and caucus discussions? 3. Did the neutral run an informal or formal hearing? Describe the best and worst aspect about how the neutral controlled the hearing. 4. Did the neutral attempt to mediate the dispute without express approval? 5. Did the neutral attempt to avoid writing a decision? B. Issue Statement 1. What was the issue (or issues) in the arbitration? 2. Did the parties mutually agree on the issue statement? 3. Did the neutral develop the issue statement after hearing the case? If so, did the formulation of the issue statement impact the neutral s decision? Explain the neutral s rationale and decision. C. Rules Of Contract Construction 1. Which of the basic rules of contract interpretation did the neutral use? 2. If a party argued that a specific rule of contract construction or interpretation applied, did the neutral agree or disagree? What rationale did the neutral use in determining how to apply a specific rule of contract interpretation? 3. Explain the issue and how the neutral applied the rules of contract interpretation. 2 2 The basic rules of contract interpretation are available in How Arbitration Works, as well as in the workbook for the core Academy, Managing Collective Bargaining Agreements. -7-
8 D. Persuading The Neutral And Determining Witness Credibility 1. Which type of evidence (testimony, documents, etc.) persuaded the neutral? Did the neutral disregard some evidence? Is so, how did this impact the neutral s decision? 2. Did the neutral reject evidence because it was hearsay? How did the rejection of hearsay evidence impact the neutral s decision? 3. Did the neutral find that one or more witnesses more credible than others? If so, on what basis did the neutral find that a witness was not credible? E. Comprehensive Decision 1. Was there evidence that the neutral was persuaded by a party s posthearing brief? If so, explain how it impacted or changed the neutral s decision. 2. Did the neutral write a comprehensive decision explaining both parties evidence and arguments? Did the neutral provide a wellwritten analysis of the evidentiary issues and the neutral s rationale for the final decision? F. Special Substantive Issues Decided 1. Describe any key issues that were decided by the neutral. 2. Discuss the basic arguments and how the neutral resolved the matters. 3. If the neutral relied on a legal standard, explain. G. List Of Issues On Which the Neutral Made Findings Provide a list of the issues upon which the neutral made findings of fact and decisions. H. Data Obtained From Other Agencies Experience With the Neutral 1. Explain whether the agency would select the neutral again. Why or why not? 2. What was the order of strike by union and management to select the neutral from the list of factfinders? 3. Analyze any other data or comments the agency had about the neutral. -8-
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