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...
Sixth Circuit Reverses Order Compelling Arbitration
In Boykin v. Family Dollar Stores of Michigan (6th Cir., No. 20-1153, 07/01/21), Boykin filed an employment suit against Family Dollar Stores. Asserting that Boykin “e-signed” an arbitration contract covering his claims, Family Dollar moved to compel arbitration and...
Sixth Circuit Affirms Dismissal of Company’s Claims Outside CBA
In Adamo Demolition Company v. International Union of Operating Engineers (6th Cir., No. 20-1163, 07/02/2021), the Company sued the Union and its president for various tort claims arising out of a dispute over staffing one of the Company's projects. The trial court...