Grievance Process

News & Analysis as of

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the...more

Neutral arbitrators in sports: What makes it fair?

"Neutrality has been defined as a state of mind, a certain distance that the arbitrator establishes vis-a-vis his or her legal, political and religious background.” It is not a concept that it necessarily grounded in...more

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

CMS Proposes Overhaul of Medicaid and CHIP Managed Care Rules

On May 26, 2015, the Centers for Medicare and Medicaid Services (CMS) released a notice of proposed rulemaking (NPRM) to overhaul the regulations governing Medicaid managed care and make conforming changes to the rules that...more

Federal Case Update| Mail and Carrier

Court Dashes Postmaster General’s Hopes That New Argument to Avoid Administrative Arbitration, Not Raised Below, Is Unwaivable Because It Goes to Subject-Matter Jurisdiction - Ruiz v. Donahoe - 2015 WL 1811810...more

HR Letter Had Contractual Effect

In Hershaw v Sheffield City Council UKEAT/0033/14/BA, the Employment Appeal Tribunal (EAT) considered whether a grievance outcome letter from an HR consultant setting out better terms of pay for the aggrieved employees was...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

Grievance Process Killed Retaliation Claim

A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes. In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he...more

UK Employment Law Update: Be Careful With Your Employment Procedures

This OnPoint reports on two recent UK employment law decisions which remind employers of the perils of failing to comply with appropriate procedures in relation to the conduct of disciplinary, grievance and other matters....more

Bar Grievance? Malpractice Claim? 8 Actions to Help Weather the Storm

A grievance letter from the State Bar or the receipt of a lawsuit from a former client can be an unsettling experience for any attorney. After taking a deep breath and remaining calm, remember that we’re living in a litigious...more

Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged

A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties. Accordingly, Arbitrators have long held that communications exchanged in the grievance...more

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