1. Which party has the burden of proof in this case? Which level of proof will be used? Why?
2. Is this case a matter of ''good faith'' on the part of the Company or a contract interpretation issue? Why? Why not?
3. Develop some general guidelines for companies to retain the right to contract out bargaining unit work?
4. When a company contracts out work formerly performed by bargaining unit employees, is the company violating the recognition clause of the Labor Agreement?
5. Be the arbitrator. How do you rule? Why?