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Andrea Dooley Arbitration

San Francisco Bay Area Labor Arbitrator

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Labor Arbitration Blog

Why Does Labor Arbitration Exist?

February 21, 2018 By Andrea

Over the next few weeks, I am going write a bit about “arbitrability,” which is the question of whether a labor dispute can be arbitrated. Before I discuss the main topic, I want to share my understanding of the purpose of arbitration. Without a union contract, every term and condition of employment is set by the employer. Unions negotiate take-aways; every term in an agreement is one that the Union has helped set, taking away management’s authority over that issue. For example, before there’s a union, the employer may have unlimited discretion to deny vacation requests or set vacation schedules. After the union negotiates a contract, the employer must follow whatever they’ve agreed to, like seniority bidding on vacation use. This means the union has “taken away” the employer’s discretion on this issue.

The only exception to this principle is the grievance procedure, which is a take-away from the Union. With a grievance procedure, a union cannot have a strike or take other labor action that deprives the employer of its labor. The union must submit its dispute to the grievance procedure. The grievance procedure “takes away” the union’s right to strike. To ensure labor peace and stability, there’s a strong incentive to use the grievance procedure, up through arbitration.

It does occur, however, that there are issues that one side or the other does not believe should be arbitrated, or even grieved. When this happens, we say that there is an issue of arbitrability. There are two kinds of arbitrability: Procedural and substantive. I’ll take about procedural arbitrability in my next post.

Thanks for reading and let me know if there are any topics you’d like me to address!

Filed Under: Blog Tagged With: arbitrability, arbitration, collective bargaining, grievance procedure, labor, labor union, union

Exciting Changes

February 18, 2018 By Andrea

I had the good fortune to spend the past few days at the San Francisco Writers Conference, in support of my occasional writing hobby. I learned so much that my head hurts! I have a forty-five point To Do list to tackle. Many of the great ideas I heard there are also applicable to my legal practice, so I’ve decided to re-purpose the “Latest News” section of this website as a blog. I’ll write about legal issues concerning labor arbitration, and share some of the work I present at trainings and in articles. I’ll try to post at least weekly, and I hope you’ll come back to read the blog often. If you have ideas or topics you’d like me to address, please email me at andrealdooley at gmail dot com. I look forward to your feedback!

Filed Under: Blog

Appointment to the Oakland Police Commission

October 18, 2017 By Andrea

Last night, the Oakland City Council approved the Mayor’s and the Selection Panel’s appointments to the new Police Commission, which was formed with the overwhelming support of Oakland voters last November. Mayor Libby Schaaf appointed me as an alternate police commissioner, meaning I will sit as a commissioner if another mayoral appointee is absent or steps down from the commission. I am honored to serve the City I love and look forward to the challenges this appointment may offer. I will be revising my resume to reflect this change in the coming days.

Filed Under: Blog

Joining the AAA Tribal Labor Panel

July 19, 2017 By Andrea

I am honored to have been selected to participate in the American Arbitration Association Tribal Labor Panel, which provides arbitration services in the gaming industry in California.

Filed Under: Blog

Join Me In Las Vegas!

June 1, 2017 By Andrea

I will be a faculty member at the Labor Arbitration Institute Labor Law and Labor Arbitration – Generalist Program on June 19 and 20, 2017, in Las Vegas, NV.  I will be teaching “Proving Elements of Specific Cases: Insubordination, Sleeping, Job Performance” and “Avoiding the Mistakes in Past Practice Cases,” as well as discussing a number of relevant hypothetical cases with other panelists. I hope to see you there!

Filed Under: Blog

Joining the USPS/APWU Arbitration Panel

February 7, 2017 By Andrea

I am very pleased to announce that I will be included in the United States Postal Service and American Postal Workers Union, AFL-CIO Arbitration Panel for the term of the current collective bargaining agreement. I look forward to working with the parties in expedited matters in three regions.

Filed Under: Blog

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