News & Analysis as of

Arbitration Grievance Process

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Fox Rothschild LLP

Federal Preemption Defense In FLSA Lawsuit—Good Tactic!

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In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it involves union contract interpretation, the...more

Littler

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

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In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

Foley & Lardner LLP

Give Employees the Opportunity to Be Heard Before Imposing Discipline

Foley & Lardner LLP on

Sometimes employers believe they have all the evidence they need to discipline or terminate an employee, even without having talked to the employee and hearing the employee’s side. Why waste time talking to the employee when...more

Littler

Canada: Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

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On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination...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

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

Littler on

In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Rules Retiree Healthcare Benefits Claim Is Not Arbitrable

The Sixth Circuit, in a split decision, held that a dispute between a union and an employer regarding retiree healthcare benefits was not arbitrable because the issue of retiree healthcare benefits was not encompassed within...more

Rumberger | Kirk

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

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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

Proskauer - Labor Relations Update

Overruling District Court, Second Circuit Affirms Individual Employees Are Bound By Arbitration Award Prosecuted By Their Union

On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

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The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....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

Snell & Wilmer

Deferral By The NLRB To Grievance/Arbitration Procedures

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Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

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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

Littler

Second Circuit Sends Home Care Worker’s Putative Class Claims to Union Arbitration on an Individual Basis

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On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry.  In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s...more

Seyfarth Shaw LLP

Collyer Deferral: GC Memorandum 18-02 Upholds Parties’ Agreed Upon Method of Grieving and Arbitrating Certain Unfair Labor...

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Proskauer - Labor Relations Update

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

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Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Proskauer - Labor Relations Update

NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents

In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in...more

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