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Arbitration Agreements Collective Bargaining Agreements (CBA)

Carlton Fields

Second Circuit Clarifies Standards for Applying Presumption in Favor of Arbitration

Carlton Fields on

The Second Circuit Court of Appeals recently clarified its process for determining whether a court can apply a presumption of arbitrability. The court noted that its traditional process for making that determination does not...more

Carlton Fields

Sixth Circuit Affirms Judgment Compelling Arbitration in Kroger/Union Dispute

Carlton Fields on

The Sixth Circuit recently rejected a challenge to a Rule 12(c) judgment compelling arbitration in a dispute between a Kroger subsidiary and a union that represented its employees. Kroger Limited Partnership I (KLPI),...more

Akin Gump Strauss Hauer & Feld LLP

CBA Exception Applies to Agreements Retroactively Waiving PAGA Claims

The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...more

FordHarrison

Third Circuit Rules That Arbitration Agreements in CBAs Without Durational Clauses do not Survive the Expiration of the CBAs

FordHarrison on

Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co....more

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

Proskauer - Labor Relations Update

Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts

On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead,...more

Payne & Fears

Key California Employment Law Cases: August 2021

Payne & Fears on

Zuniga v. Alexandria Care Ctr., LLC, 67 Cal. App. 5th 871 (2021) Summary: An expert may rely on inadmissible evidence to form an opinion if the source is reliable. Facts: Plaintiff Rosalinda Zuniga was employed by...more

Rumberger | Kirk

Third DCA Makes Rare Finding Against Arbitrability where Arbitration Clause is Present in Contract

Rumberger | Kirk on

On March 10, 2021, the Florida Third District Court of Appeal made a rare finding against arbitrability where an arbitration clause was present in a contract. Such a finding reminds contractors, vendors, and consumer service...more

BakerHostetler

[Podcast] The PRO Act: Why You Should Know What It Is and Why It Will Reshape the American Workplace

BakerHostetler on

Peter Fischer and Christian White, two attorneys in BakerHostetler’s Labor and Employment Group, discuss the Protecting the Right to Organize Act, commonly referred to as the “PRO Act,” and discuss how the most transformative...more

Spilman Thomas & Battle, PLLC

U.S. House of Representatives Passes the Pro Act, a Game Changer for Labor Relations

The Protecting the Right to Organize "PRO" Act was introduced on February 4, 2021 and passed the U.S. House of Representatives last night. If enacted, it would change labor law in the United States significantly by altering...more

Littler

House Passes Sweeping Labor Law Reform

Littler on

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206.  One Democratic Representative voted against the bill; five...more

King & Spalding

Third Circuit Rules that Courts – Not Arbitrators – Decide the Threshold Question of the Existence of an Agreement to Arbitrate...

King & Spalding on

On September 14, 2020, the United States Court of Appeals for the Third Circuit unanimously ruled in MZM Construction Co. Inc. v. New Jersey Building Laborers' Statewide Benefit Funds, Nos. 18-3791 & 19-3102, (3d Cir. Sept....more

Troutman Pepper

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s...

Troutman Pepper on

On September 14, the U.S. Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of...more

Husch Blackwell LLP

Ninth Circuit: Court Decides Threshold Arbitration Issue Absent Clear And Unmistakable Evidence

Husch Blackwell LLP on

On September 18, 2020, a three-judge panel of the Ninth Circuit U. S. Court of Appeals held in SEIU Local 121RN v. Los Robles Regional Medical Center, DBA Los Robles Hospital and Medical Center (Los Robles) that the power to...more

Seyfarth Shaw LLP

Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Court of Appeals for the Third Circuit recently addressed what’s been called the “queen of all threshold issues” in arbitration law: does a court or an arbitrator decide whether an agreement...more

Carlton Fields

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

Carlton Fields on

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...more

Carlton Fields

Washington Supreme Court Finds Hospital Waived Its Right to Arbitration When It Chose to Litigate for Nine Months

Carlton Fields on

The Supreme Court of Washington recently affirmed the denial of Evergreen Hospital Medical Center’s motion to compel arbitration on the grounds that Evergreen waived its right to compel arbitration of claims arising under a...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”

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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

Fisher Phillips

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

Carlton Fields

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

Carlton Fields on

This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

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