Dr. Snider-Adler

In a grievance arbitration concerning the termination of a bus driver for impaired driving, the union brought a motion for the production of documents related to the employer's proposed expert witness.

The union sought the expert's retainer letter, contracts between the expert and a third-party testing company, and the employer's requests for proposals for its drug testing program, citing concerns about the expert's independence.

The arbitrator granted the motion in part, ordering the production of the retainer letter as it contained foundational instructions to the expert and any litigation privilege was waived by putting the expert forward.

The requests for the third-party contracts and RFPs were dismissed as the employer did not control the expert's contract and the other documents lacked sufficient relevance.