Month: January 2019

Arbitration, Employment, Nonsignatories: 2/6 Orders Produce Packers To Arbitrate Claims With Co-Employers

Staffing Agency Signed Arbitration Agreement, Packing Employer Did Not Sign.                               Packing fresh prunes at night on Produce Row during busy season, wages two cents per box. Washington, Yakima. Dorothea Lange, photographer. August 1939. Library of Congress.     Plaintiffs/Respondents Vasquez and Zacarias […]

Arbitration, Collective Bargaining: Third District Affirms Orders Denying Employer’s Motions To Compel Arbitration

And Employees' Claims Were Not Preempted By Labor Management Relations Act, 1947 (LMRA).     In three consolidated appeals, the Court of Appeal affirms orders denying the employer's motions to compel arbitration. Rymel v. Save Mart Supermarkets, Inc., and related cases, C085863, C085865, C085886 (3rd Dist. 12/31/18) (Duarte, Murray, Hoch).     The employees sued […]

Arbitration Deadlines: 9th Circuit Holds That Petition To Vacate Arbitration Award Is One Day Late

Opinion Clarifies How To Perform Calculation.     In Stevens v. Jiffy Lube, No. 17-15965 (9th Cir. 12/27/18) (McKeown, Fletcher, Bybee), the panel affirms the district court's denial of a petition to vacate an arbitration award, on the grounds that the petition was one day late. In doing so, it clarifies how to calculate the […]