Administrative hearings are often less formal than court proceedings, but just as important. A favorable administrative decision can be difficult to overturn so every effort should be made to prevail before the administrative agency in the first instance. Because administrative hearings are often governed by little-known rules of procedure, it is important to have experienced counsel. Renne Sloan Holtzman Sakai attorneys regularly practice before administrative agencies, such as:
- Public Employment Relations Board
- National Labor Relations Board
- California Labor Commissioner
- Unemployment Insurance Appeals Board
- Local Civil Service Commissions and Personnel Boards
With the blessing of an increasingly clogged judicial system, federal and state legislation has funneled disputes between employers and their employees or other claimants into administrative hearings. In unionized workplaces, arbitration is usually the preferred method of resolving disputes. With judicial review of arbitration decisions extremely limited, having experienced counsel can make all the difference. Our attorneys have extensive experience conducting arbitrations on issues such as:
- Employee disciplinary actions, including terminations
- Contract interpretation disputes
- Employee and union grievances
- Peace officer and firefighter issues
We also have extensive experience with “interest arbitration,” a unique, perilous, final and binding process for resolving negotiation impasses utilized in many California jurisdictions. In interest arbitration, the arbitrator normally has the authority to bind the parties with his or her award, even on economic issues. It’s critical in interest arbitration to have experienced counsel guiding the way.
Factfinding is essentially non-binding arbitration utilized when there is an impasse in negotiations between an employer and union. The term “factfinding” is somewhat misleading since the factfinder does more than just determine the facts, but is charged with making recommendations to help resolve the impasse. Even though factfinding is non-binding, decisions can often influence the employer and/or public opinion. It’s therefore critical to enter factfinding well-prepared.