ARBITRATION SERVICES

Attorney Gardner has over three decades of experience as a labor arbitrator in both the public and private sectors.

TENURE

Labor Arbitrator since 1977

FORMAL EDUCATION

Miami University B.A. Courses in Labor Law and Labor Economics

University of Akron J.D. Courses in Labor Law

PANELS

Coordinating Steel Companies/United Steelworkers of America
Coal Panel (Ohio, Pennsylvania & West Virginia)
Federal Mediation and Conciliation Service (FMCS)
National Panel of Arbitrators (NPA)
Ohio State Employment Relations Board (SERB)

LIFE EXPERIENCE

Growing up, working and residing in the Youngstown, Ohio area has provided a unique and firsthand experience in labor/management unrest, for both the public and private sectors. As a laborer in a steel fabricating plant during the midst of a wildcat strike, or as an assistant prosecutor during a strike by police officers, at a time when public employees striking was a criminal offense , cannot be truly described in words. Seeing the layoffs of thousands of steel workers and auto workers, firsthand, and then seeing the resulting human tragedy of crime, divorce and domestic violence, is an experience that one cannot obtain in a classroom.

WORK EXPERIENCE

The following are some of the issues decided with Arbitration Awards:

Absenteeism
Affirmative Action
Arbitrability
Bargaining Unit Work
Conduct
Demotion
Discipline (Suspension and Discharge)
Discipline (Non-Discharge)
Discrimination: Age, Disability, Race, Sex, Religion, National Origin
Drug/Alcohol Offenses
FLSA
FMLA
Fringe Benefits: Bonus, Holidays & Holiday Pay
Insurance
Interest Arbitration
Leave
Grievance Mediation
Health/Hospitalization
Hiring Practices
Job Performance
Job Posting/Bidding
Jurisdictional Disputes
Official Time
Pension and Welfare Plans
Pension Claim (Fed. Statute – ERISA)
Layoff
Promotion
Bumping & Recall
Management Rights
Contract Terms
Overtime/Overtime Pay
Past practices
Work Hours/Schedules/Assignments
Working Conditions/Work Orders
Violence or Threats
Schedule of Work
Seniority
Subcontracting/Contracting Out
Vacations & Vacation Pay
Work Performance
Retirement
Safety/Health Conditions
Sexual Harassment
Strikes
Lockouts
Work Stoppages
Slowdowns
Tenure Reappointment
Trustee Deadlocks: Union Security
Wages: Rate of Pay, Cost-of-Living Pay, Incentive Pay, Job Classification and Rates, Merit Pay, Severance Pay, Vacation Pay
Work Conditions
COLA
Fair Share Fee
Insubordination
Shift Hours/Assignment
Sick Leave Wages
Work Week
Interest Arbitration (Fact-Finding), and State Conciliation

INDUSTRIES

Bakery
all Local Government
Coal Panel
School Districts
Aerospace
Airlines
Advertising
Agriculture
Aluminum
Automotive
Banking
Beverage
Building Products
Brewery
Broadcasting
Canning
Cement
Chemicals
Clothing
Communications
Construction
Dairy
Distillery
Education
Electrical Equipment/Appliances
Electronics
Entertainment/Arts
Federal Sector-Grievance
Federal Sector- Interest
Feed and Fertilizer
Food
Foundry
Furniture
Glass/Pottery
Grain Mill
Health Care
Hotels/Motels/Casinos/Resorts
Hospital/Nursing Home
Iron
Lumber
Machinery
Maritime
Meat Packing
Metal Fabrication
Mining
Nuclear Energy
Office Workers/Clerical Organizations
Packaging
Paint and Varnish,
Petroleum/Petrochemicals
Pharmaceuticals
Plastics
Plumbing
Police and Fire
Printing and Publishing
Prison Guard
Public Sector – Grievance
Public Sector – Interest
Pulp and Paper
Railroads
Real Estate
Refrigeration/HVAC
Restaurants
Retail Stores
Rubber/Tire
Shipbuilding/Dry Stock
Sports
Steel
Stone/Quarry
Textile
Tobacco
Transportation
Trucking and Storage
Upholstering
Utilities
Warehousing

GOALS

To provide all parties the opportunity to present all relevant facts and arguments;

To provide an expedient yet thorough examination of the evidence;

To provide a prompt and fair Arbitration Award.

JOSEPH W. GARDNER Co., LPA
4280 Boardman-Canfield Road
Canfield, Ohio 44406
(330) 533-1118
FAX (330) 533-1025
JWG1118@sbcglobal.net