8th Circuit Compels Arbitration in Bargaining Unit Work Dispute
In National Nurses Organizing Committee – Missouri & Kansas/National Nurses United v. Midwest Division – RMC LLC, 8th Cir., No. 21-2200 (2/17/22), the Union filed a grievance against the employer-hospital over the Hospital’s posting of a “staffing grid” which...
Congress Passes Legislation Ending Forced Arbitration of Sexual Harassment Claims
Last week, both the House and Senate passed, on a bipartisan basis, the “Ending Forced Arbitration of Sexual Harassment Act of 2021” as an amendment to the Federal Arbitration Act. Although the House and Senate versions were different, the Senate ultimately passed the...
D.C. Circuit Overrules FLRA Policy Statement on Zipper Clauses
In American Federation of Government Employees v. Federal Labor Relations Authority, D.C. Cir., No. 20-1938 (1/28/22) the petitioner Union challenged a 2020 Policy Statement of the Federal Labor Relations Authority that announced for the first time that zipper clauses...
First Circuit Finds Dispute over 401(k) Match to be Arbitrable under CBA
In Johnson Controls Security Solutions, LLC v. International Brotherhood of Electrical Workers, Local 103, No. 21-1460, 2022 WL 262963 (1st Cir. 1/28/22), the First Circuit Court of Appeals reversed the district court’s declaratory judgment in favor of Johnson...
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...