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Public Employees Arbitration

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

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New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Tucker Arensberg, P.C.

Commonwealth Court Reinstates Arbitrator’s Decision Reducing a Discharge to a 180 Day Suspension Without Pay

Grievant was employed for 17 years as an automotive technology instructor at the Clarion County Career Center, a vocational-technical school. His discharge arose out of a complaint by a student that the Grievant’s conduct...more

Stikeman Elliott LLP

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

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An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

Pullman & Comley - Labor, Employment and...

The 2020 Session of the Connecticut General Assembly: Are They Really Done and Will There Be No New Labor and Employment...

For about 20 years, I have been the Connecticut Bar Association’s Labor and Employment Law Section Legislative Liaison, and since I have been at Pullman & Comley, I have written in this blog about developments at the...more

Polsinelli

Supreme Court’s New Term Includes Major Employment Cases

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In spite of all the controversy swirling around Judge Brett Kavanaugh’s nomination to take Justice Kennedy's seat, it’s business as usual at the United States Supreme Court as the Justices kicked off a new term on October 1....more

Tucker Arensberg, P.C.

Court Affirms Reinstatement of A School Bus Driver Who Tested Positive For Drug Use

Tucker Arensberg, P.C. on

Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more

Clark Hill PLC

Michigan Court of Appeals Rules Teacher Discipline is a Prohibited Subject of Bargaining

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On February 22, 2018, the Michigan Court of Appeals held that Michigan Employment Relations Commission (MERC) properly concluded that the Association’s efforts to arbitrate a grievance over an individual teacher’s discipline...more

McNees Wallace & Nurick LLC

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

McNees Wallace & Nurick LLC

Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

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

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

Seyfarth Shaw LLP

2015 California Labor and Employment Legislation Update: It’s Final!

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October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

Seyfarth Shaw LLP

2015 California Labor and Employment Legislation Update: The End (of Session) Is Near…

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The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to...more

Ballard Spahr LLP

Commonwealth Court Affirms, Expands Public Employers’ Ability to Control Manning, Pension Costs through Collective Bargaining,...

Ballard Spahr LLP on

The Commonwealth Court of Pennsylvania significantly strengthened public employers’ ability to address rising costs by holding that minimum shift manning requirements are a non-bargainable managerial prerogative. The court...more

Seyfarth Shaw LLP

2015 Employment Bills Moving Through The CA Legislative Process

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Thursday, June 5 marked the last day for bills to pass out of their house of origin in the California Legislature. Here is a summary of some key employment bills that made it through (followed by some significant bills that...more

Burr & Forman

Forum-Selection vs. Arbitration Issue Teeing Up for Supremes

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The Second Circuit stayed its mandate last week to allow public-pension litigants to file cert petitions seeking review of its August holding that a subsequent account-agreement forum-selection clause requiring federal-court...more

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