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...
Absenteeism Doesn’t Make Disabled Employee Not Otherwise Qualified – Says Sixth Circuit
Last week, in Fisher v. Nissan North America (6th Cir. 2/27/20), the Sixth Circuit reversed a grant of summary judgment by the Middle District of Tennessee. Fisher had worked as a production technician on Nissan's factory line for 14 years with few disciplinary...
Sixth Circuit Affirms Labor Arbitrator’s Award – Reverses District Court
In Zeon Chemicals v. United Food and Commercial Workers, Local 72D (6th Cir., Feb. 13, 2020) the Sixth Circuit reinstated a labor arbitrator’s award. The employee Jenkins, a 22-year employee, was discharged by the employer, Zeon Chemicals, after an incarceration...
Sixth Circuit Finds No Pretext in ADEA Case
In Miles v. South Central Human Resource Agency (6th Cir 01/07/2020) , Ms. Miles sued the Agency for violation of the ADEA. The trial court, Judge Mattice, granted the employer's motion for summary judgment and the 6th Circuit affirmed as Miles failed to establish a...
No Duty to Accommodate Under TDA, Tennessee Court of Appeals Says
In Hilliard v. Dolgencorp (Tenn. Ct. App. 03/26/2019), the Court of Appeals affirmed summary judgment for the employer against Hilliard's claims for disability discrimination under the Tennessee Disability Act (TDA) and workers' compensation claim retaliatory...
Sixth Circuit Affirms Labor Arbitrator’s Award in Subcontracting Case
In Economy Linen & Towel Service, Inc. v. International Brotherhood of Teamsters, No. 18-3369 (6th Cir. March 1, 2019), the company sought to vacate an arbitrator’s award in favor of the union on a subcontracting issue. In 2015, the company had faced a shortfall...