News & Analysis as of

LMRA Arbitration

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Arbitration Provisions Do Not Survive Expiration of CBA

On March 30, 2022, a panel in the Third Circuit Court of Appeals overruled nearly 30-year-old precedent and held that arbitration provisions do not survive the expiration of a collective bargaining agreement (CBA) in...more

Carlton Fields

Third Circuit Finds Publishing Company Waited Too Long to Challenge Arbitration Award Under Labor Management Relations Act

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Under a collective bargaining agreement that ran from 2014 to 2017 between the Newspaper Guild of Pittsburgh and PG Publishing, the publisher of the Pittsburgh Post-Gazette, PG was required to cover a portion of increases to...more

Carlton Fields

Third Circuit Addresses Interplay Between LMRA and FAA and Affirms Arbitration Award in Favor of Union Under Collective Bargaining...

Carlton Fields on

The case relates to the disposition of accrued vacation time of unionized nurses after a new employer (Prospect) assumed a collective bargaining agreement. Prospect construed the collective bargaining agreement differently...more

Carlton Fields

“Grossly Excessive” Arbitration Award Overturned Due to “Evident Material Miscalculation”

Carlton Fields on

An arbitration award rendered pursuant to section 301 of the Labor Management Relations Act (LMRA) was overturned upon a finding that the award was “grossly excessive” and based on an “evident material miscalculation.” ...more

Seyfarth Shaw LLP

2019 Employment Law: Cases Pending in the California Supreme Court

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. ...more

Spilman Thomas & Battle, PLLC

Careful, Careful: Arbitration of Benefit Claims Under Collective Bargaining Agreements

In Cup v. Ampco Pittsburgh Co., 2018 WL 4101049 (3rd Cir. Aug. 29, 2018), the Third Circuit addressed a case concerning the arbitrability of benefit claims by retirees in the context of collective bargaining agreements...more

Spilman Thomas & Battle, PLLC

ERISA & Employee Benefits Alert: October 2018

Welcome to the first edition of ERISA & Employee Benefits Alert. Our ERISA and Managed Care Group will be providing curated insights and news concerning notable ERISA and managed care issues that highlight current or emerging...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Stinson LLP

Withholding Evidence In sports Labor dsputes: What eSports can learn from Brady and Elliot? - Questions of Fundamental Fairness...

Stinson LLP on

For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged...more

Carlton Fields

LMRA Arbitration Award Upheld By The Third Circuit

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The Third Circuit affirmed an arbitration award under the Labor Management Relations Act (“LMRA”) as the decision reached by the arbitrator comported with the collective bargaining agreement (“CBA”) between the parties....more

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