D.C. Circuit “Trumps” FLRA’s Policy Statement on Management-Initiated Changes to Conditions of Employment
In American Federation of Government Employees v. Federal Labor Relations Authority, D.C. Circuit, No. 20-1396 (2/1/22) the union challenged a Federal Labor Relations Authority (“FLRA”) policy statement dealing with a management-initiated change to the "conditions of...
Basketball Coach Wins Arbitration Against University – $11M in Damages
Last week, an arbitrator ruled that former University of Connecticut head basketball coach Kevin Ollie was wrongfully terminated from his job in 2018 and awarded over $11 million in damages. The case is interesting for a number of reasons. First, the arbitrator who...
Be Careful What You Ask for – Third Circuit Denies Request to Vacate Arbitration Award
In PG Publishing Inc. v. Newspaper Guild-CWA (3rd Cir., No. 20-3475, 11/30/21), the company and union arbitrated a grievance over pension fund contributions by the company. In order to meet pension fund guidelines, the arbitrator issued a 5-paragraph “Arbitration...
Fourth Circuit Affirms Arbitrator’s Application of Res Judicata
In Constellium Rolled Products Ravenswood LLC v. United Steelworkers (4th Cir., No. 20-1759, 11/29/21), the employer Constellium sought to vacate an arbitrator’s award in favor of the union. In the underlying arbitration, the union had contested the employer’s...
Supreme Court Grants Cert on Arbitration Waiver Issue
On November 15, 2021, in Morgan v. Sundance, Inc., the U.S. Supreme Court granted certiorari to decide whether the the proponent of a contractual waiver defense in arbitration must prove prejudice, and thereby violate the Supreme Court’s directive that lower courts...
Tenth Circuit Compels Arbitration of Claims Against Non-Signatory Co-Employer
In Reeves, et al. v. Enterprise Products Partners, LP (10th Cir., No. 20-5020, 11/09/2021), three employees were hired by staffing companies and assigned to work for Enterprise Products. The employees sued Enterprise claiming violations of the Fair Labor Standards...