202: Procedural Problems in Case Presentation
James Tracy, Esq., Dykema Gossett
Gordon Gregory, Esq., Gregory, Moore, Jeakle & Heinen
Theodore St. Antoine, Labor Arbitrator, former Dean, U. of Michigan Law School
Highlights:
Documents:
The witness may want to use his/her own notes.
Depositions have the problems of expense and delay.
An affidavit is usually accepted “for what it is worth.”
Authenticity should be established by witness testimony.
Pictorial materials can frequently be very helpful.
Witnesses:
The Federal Arbitration Act allows the arbitrator to issue a subpoena, which is enforceable through the courts.
Testimony can’t be forced, but silence can be an inference.
An expert is permitted to give opinion testimony.
Admissibility:
The issue of materiality and relevancy will usually be decided by the arbitrator.
In situations of hearsay testimony, it is important to object.
Standard of Proof:
The standard of proof is preponderance of the evidence.
In cases of discharge, the standard of proof is frequently advocated by the Union to be beyond reasonable doubt.
| Format | Three member panel discussion |
|---|---|
| Length | 58 Minutes |
| Moderator | Theodore St. Antoine, Labor Arbitrator, former Dean, U. of Michigan Law School |
| Management’s View | James Tracy, Esq., Dykema Gossett |
| Labor’s View | Gordon Gregory, Esq., Gregory, Moore, Jeakle & Heinen |