Neutral Point Arbitration Services monogram

Arbitration

David Garcia is available to serve as a neutral arbitrator in labor and employment matters, and provides an independent, impartial, and procedurally fair process for the parties.

Matters Available For Arbitration

Subject to conflict screening and the parties' agreement, the arbitrator may provide neutral services in matters including:

  • Grievance arbitration under a collective bargaining agreement
  • Discipline and discharge (including just-cause analysis)
  • Contract interpretation and application
  • Seniority, layoff, and job-assignment disputes
  • Other workplace and employment disputes submitted to a neutral
  • Interest arbitration, where the parties submit unresolved terms for determination

Availability in any particular matter depends on scheduling and the results of an independent conflict-of-interest review.

The Neutral's Role

The arbitrator serves both parties equally. There is no ex parte communication: neither side communicates with the arbitrator alone about the merits of the matter.

Every award and decision is the independent work of the arbitrator alone. Awards and decisions are issued based on the arbitrator's independent judgment. Administrative and organizational software may be used by the arbitrator. The arbitrator alone exercises judgment, applies reasoning, and decides the award in each decision issued to the parties.

How an arbitration proceeds

1. Request & Conflict Screening

The parties submit a request identifying all parties, affiliates, and representatives. The arbitrator screens for conflicts and issues written disclosures before accepting the appointment.

2. Prehearing Administration

Hearing dates, format, and procedural matters are coordinated. The parties exchange exhibits and may agree to stipulations through the case portal when a matter is open.

3. Hearing

Each party receives an equal opportunity to present evidence, examine witnesses, and make argument, consistent with the parties' agreement and applicable rules.

4. Award & Decision

The arbitrator issues a written, reasoned decision and award. Post-hearing briefs are accepted where the parties elect to file them.

Matters are conducted consistent with the standards applicable to labor-management neutrals, including the principles reflected in the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes.