Labor Relations Fundamentals for Community College Districts

often lead to answers that provide explanation. You will, in most instances, depend on your own witnesses to present your facts and you will use direct examination to help the witness to present and explain those facts. Start your direct examination of the witness by eliciting testimony that identifies the witness, outlines his/her qualifications and his/her knowledge of the facts on which he/she will be testifying. After the introduction, move onto the substance of the testimony. Outline your points so that the testimony is orderly and structured and so that you don’t miss important points. Chronological order is often the simplest way of organizing the testimony. As the questioner, you are there to guide the testimony and occasionally provide emphasis through more direct questions.

Tips in preparing your witness testimony:

 Identify the key players who have knowledge of the facts and who qualify as an authority on those facts  List the questions that will elicit the pertinent facts supporting your position

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Prepare your witnesses for testimony

e. Cross-Examining Witnesses In most arbitrations, every witness is subject to cross-examination. Among the purposes of cross-examination are: disclosure of facts the witness may not have related in direct testimony; correction of misstatements; placing of facts in their true perspective; reconciling apparent contradictions; and attacking the reliability and credibility of witnesses. Your cross-examination should have a few limited objectives. Each witness may therefore be approached in a different manner, and there may be occasions when cross-examination will be waived.

Tips for preparing for cross-examination:

 Identify the opposing side’s key witnesses

 Determine the purpose of each witness

 Determine key points to attack the witness’ testimony

f. Maintaining the Right Tone The chief purpose of the arbitration hearing is to resolve a particular grievance but an important second purpose is improving the relationship between the parties. Thus, a better general understanding between the parties may be a by-product of the arbitration. To this end, the parties should enter the hearing room with the intention of conducting themselves in an objective and dignified manner. The arbitration hearing should be informal enough for effective communication, but without losing a basic sense of decorum. The hearing is no place for emotional outbursts, long speeches with only vague relevancy to the issue, bitter, caustic remarks or personal invective. Apart from their long-run adverse effect on the basic relationship between the parties, such immoderate tactics are unlikely to impress or persuade an arbitrator. Similarly, over-technical and over-legalistic approaches are not helpful.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 45