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...
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...