The Panel: Picking a Panelist

An issue we all struggle with - who do we name as our panelist?  The PBA president? An advocate? A specialist? A lawyer?

The standard modus operandi is to name an attorney to the panel; someone who understands the process, can push case law, arbitration awards and decisions at opposing counsel as well as the arbitrator, is skilled in contract negotiations but is also going to be realistic about the potential outcome.  If you push too hard or too far, you just may end up forcing the arbitrator to side with management.

One attorney to litigate the case and a second to serve as the panelist - that is the industry standard.  While some may balk at this because the PBA president or a similar representative likely knows more about the terms of the contract and the bargaining history, remember this: an attorney knows the statutory process which comes with numerous rights, duties and obligations pursuant to the Taylor Law - a highly complex process that can trip up even the best representative no matter how well they know the contract.

PBA Presidents . . . arm your attorney/panelist with the knowledge and experience you have and own.  At interest arbitration, the attorney relies upon the client as much as the client relies upon the attorney.  Trust and honesty coupled with realism and strong advocacy are most likely to yield the best result.