D.C. Circuit Vacates FLRA Decision – Upholds Arbitration Award
In Weather Service Employees Ass’n v. Federal Labor Relations Authority (DC Cir., No 19-1163, 7/31/2020), the District of Columbia Circuit overruled a decision of the FLRA, for the second time in less than 60 days. In this case, the Weather Service Employees...
Eighth Circuit Allows Suit to Vacate Arbitration Award to Proceed
In United Auto Workers v. Trane (8th Cir., No. 19-2255, 07/30/2020), the Eighth Circuit of Appeals reversed the district court’s dismissal of claims by the Union seeking to vacate an arbitration award. The Union alleged Trane had breached the terms of the collective...
Sixth Circuit – No Causation or Pretext in Retaliation Case
In Kenney v. Aspen Technologies (No. 19-1027, 6th Cir., 7/6/2020), the plaintiff, a production manager, alleged under both Title VII and Michigan's Elliott-Larson Civil Rights Act, that the employer discharged her in retaliation for her complaints regarding the...
Tennessee Court of Appeals Finds No Protected Activity Under TPPA
In Tidwell v. Holston Methodist Federal Credit Union (Tenn. Ct. App., E.S., 6/25/2020), the Tennessee Court of Appeals affirmed the dismissal of Tidwell's claim for retaliatory discharge under the Tennessee Public Protection Act ("TPPA"). Tidwell worked for the...
Third Circuit Finds CBA Arbitration Provision Waives Title VII Judicial Forum
In Darrington v. Milton Hershey School (3rd Cir., No. 19-2754, 5/6/2020), the plaintiff spouses, Bradley and Val Darrington, served as house parents for the defendant school. Following their discharge, they sued the school for religious discrimination and retaliation...
Arbitration…Who Says So?
In Blanton v. Domino's Pizza Franchising (6th Cir., No. 19-2388, 6/17/2020) the Sixth Circuit joined all other circuits in holding the arbitrator, not the court, determines the question of arbitrability when the arbitration agreement provides that authority. In this...