Richard N. Block, Arbitrator
East Lansing, Michigan
Professor, School of Human Resources and Labor Relations, Michigan State University

Utility Workers Union of America –
American Arbitration Association Training
St. Louis, Missouri
August 13, 2010

Two Situations
• Oral (less frequent)
– At end of hearing
• Written (more frequent)
– After hearing closes

What Should a Closing Statement Include?
• The issue to be decided, as the Union sees it.
• A reference to the relevant contract provision(s)
• A summary of the important facts
– Based on the record from the arbitration hearing
•Testimony
•Documents
• An argument based on those facts

What Should a Closing Statement Include - Arguments
A listing of the main argument or arguments you will make that are derived from the facts.
– Examples
• If you are arguing inconsistent treatment, refer to the examples of inconsistent
treatment
• If you are arguing management didn’t prove the case, point to the inconsistent
statements of management
– Go over them
•With another member of your team to be sure that somebody else is convinced
• For written closing statements with someone uninvolved to make sure that your closing
statement is convincing
– Anticipate opposing party’s arguments
• From the grievance procedure and hearing
• Conclude with a specific request for action or remedy
– Example: if discharge, reinstatement with back pay
– Example: if flawed promotion or layoff decision, redo process

Oral or Written?
• Generally not specified in agreement
• Employer advocates usually prefer written briefs/closing statements
– Attorneys
– Support
• Union choice
–Oral
• In front of employer advocate
• In front of arbitrator in absence of advocate (with employer concurrence)
– Written (recommended if employer files written statement) – generally about 30 days
•Draft it immediately and but hold it until the due date for possible revisions
• Custom is that briefs/closing statements are not shared until submitted