Chapter 14 noted a few cases in which employees were not fairly represented
by their unions. Inadequate representation could be either malicious
or inept. Because arbitration awards are viewed as final by courts,
the quality of advocacy is very important. The Supreme Court reversed
an arbitration award discharging an over-the-road trucker accused of
padding expenses because an adequate investigation would have found
that a motel clerk charged more than the published rate and pocketed the
difference. The trucker was actually blameless During hearings, arbitrators may become aware of differences in the
quality of representation. Although arbitrators may question witnesses
and probe into other matters, their impartiality in an adversarial hearing
could be questioned as a result. Is it ethical for an arbitrator to "make a
case" for an advocate who has inadequately prepared a case? This issue
has not been settled. However, if it's clear to the arbitrator that the grievant's
rights are not adequately represented, a later appeal could reverse an
award based on the inadequately prepared case.