Binding Arbitration Wins
I have referenced the concept of “binding arbitration” several times within recent blog posts. My purpose for doing so has been to educate golf course superintendents to the reality that when they have need to look for legal protection when employers take unfair advantage of their employment status – resorting to the courts will not provide relief.
I say this because superintendents will always have difficulty: (i) finding, engaging and affording a qualified attorney; (ii) succeeding in a lawsuit because club/course employers will always rely on the highly successful tactics of out-waiting and out-spending plaintiff superintendents; and (iii) gaining access to another job while litigation is pending (lawsuits generally cover an approximate three-year period) because communications between the defendant club and future employers will shut down job opportunities. Accordingly, club/courses do not generally fear superintendent-based lawsuits per se and superintendents do not consider lawsuits a viable option.
It is important in today’s treacherous economic world to drive home the concept of binding arbitration once again and finally because the concept of binding arbitration works (i.e.- it requires minimal legal support while at the same time providing immediate, inexpensive court protected relief) and also because binding arbitration can provide superintendents with increased access to written contracts.
Binding arbitration can provide superintendents with increased access to written contracts…
Why can I make this unexpected statement? Because binding arbitration affords employers the unique opportunity to hire or retain (affordable) experienced golf course superintendents who alone possess the capability to virtually guarantee the stability of their golf courses in today’s budget-tightening era without the fear or embarrassment of a lawsuit; i.e., because arbitration will do no more or less than quietly enforce previously agreed to termination procedures. With this situation available, employers will be more inclined to negotiate arbitration-based failsafe written contracts with superintendents because this is the only way for them to acquire an “insurance policy” to protect against unnecessary/excessive course failure.
Having said all of the above, it should be understood that the burden clearly falls on each golf course superintendent to: (i) take the initiative to introduce and “sell” the concept of binding arbitration to his/her employer; and (ii) voluntarily position his/her salary to be competitive in today’s down-sizing world – as presented in my June 5th blog entitled, “Addressing Job Insecurity.” Superintendents should remember that they are selling the most valued commodity available in the golf market today – themselves.
Superintendents, want to help your assistant(s) on their career path? Print out these Career Corner posts and responses on an ongoing basis and assemble them in a hard copy binder for your assistants and crew.