Sixth Circuit Reverses SJ on ADA Accommodation Claim
In Blanchet v. Charter Communications, LLC, (6th Cir., No. 21-5073, 3/8/2022) the plaintiff was terminated from her employment despite receiving verbal approval of extended leave for the development of her postpartum depression. The plaintiff sued under the Americans...
Vacatur Burden for Manifest Disregard Alive and Well in 4th Circuit
In Warfield v. ICON Advisors, Inc., (4th Cir., No. 20-1690, 2/24/22), the Fourth Circuit Court of Appeals reversed the district court’s vacatur of an arbitration panel’s award, finding the defendant ICON had not established the panel’s award reflected manifest...
No Liquidated Damages for Union under Section 301 of LMRA – 4th Circuit
In Plumbers & Pipefitters Locals and West Virginia Pipe Trades Health & Welfare Fund v. Nitro Construction Services, Inc. (4th Cir., No. 20-2080, 2/23/22), the Local Unions and Nitro Construction were parties to collective bargaining agreements which...
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...