Category: Arbitration: Administrative

Administrative Arbitration: City Manager Had Discretionary Authority Under MOU To Review Non-Binding Arbitration Decision And Reject It

November 6, 2024 · Arbitration: Administrative

A Non-Binding Arbitrator's Decision Recommended Reinstatement Of Police Officer. . . The Court of Appeal Allowed The City Manager To Reject It. Former police officer Ramirez administratively appealed the decision of the City of Indio Police Department's decision to terminate his employment at the conclusion of the “Appeals Procedure” set forth in the Memorandum […]

Arbitration, Employment, Unconscionability: Arbitral Scheme Resembling Civil Litigation Can’t Replace Berman Hearing Where Circumstances Are Highly Oppressive

December 6, 2019 · Arbitration: Administrative, Arbitration: Employment, Arbitration: Unconscionability

California Supreme Court Opinion Seeks To Promote Accessible And Affordable Procedures To Resolve Wage Disputes. I'm trying to catch up with some published opinions I failed to post on earlier this year. The most important, if only because it is a California Supreme Court opinion, is OTO, L.L.C. v. Kho, and the only benefit […]

Arbitration/Collective Bargaining/Administrative: Cal Supreme Court Holds That Compulsory Interest Arbitration In Private Sector Is Constitutional

December 3, 2017 · Arbitration: Administrative, Arbitration: Collective Bargaining

Compulsory Interest Arbitration Withstands Challenges That It Is Unconstitutional And An Improper Delegation Of Legislative Authority. In 2002, California enacted "Mandatory Mediation and Conciliation" (MMC) provisions to facilitate negotiating and completing collective bargaining agreements between agricultural employees and growers. As the label MMC suggests, it is an unusual scheme, since "mandatory" and "mediation" […]

Arbitration/Administrative/Deadlines: Court Of Appeal Finds No Denial Of Due Process Where Terminated Fire Captain Failed To Follow County’s Procedures

October 31, 2017 · Arbitration: Administrative, Arbitration: Deadlines

Sutter County Only Had A Duty To Provide An Opportunity For Arbitration Review Of Termination Decision, Not To Provide Review. Sutter County. January, 1942. Lee Russell, photographer. Marileeann Simpson holds a pan of vegetables freshly gathered from her family's garden at the FSA (Farm Security Administration) farm workers community. Yuba City. Library of Congress. […]

Arbitration/Administrative: Ruling of Workers’ Compensation Appeals Board Is Annulled Because Rescission Issue Remained “Factually Open And Unresolved”

May 16, 2017 · Arbitration: Administrative

Arbitrator And Appeals Board Did Not Address Whether Rescission Was A Meritorious Defense To Employee's Claim. Southern Insurance Company rescinded an insurance policy based on violation of a representation that covered employer's employees did not travel out of state, after an employee injured out of state made a workers' comp claim. The matter […]

Arbitration, Construction Of Agreement: Construing Agreement Between Two Communications Companies To Allow Arbitration, Ninth Circuit Avoids Gnarly Statutory Construction

June 5, 2016 · Arbitration: Administrative, Arbitration: Construction of Agreement, Arbitration: Scope

Course Of Conduct By The Parties Weighed Heavily In Construing Their Conduct. North County Communications of Arizona v. Qwest Corporation, No. 14-35254 (9th Cir. May 31, 2016) (Scannlain, Silverman, Bea) involves two communications carriers, North County and Qwest, in a messy billing dispute, construction of their “interconnection agreement” (ICA), and the panel’s skillful avoidance […]

California Supreme Court Holds That Arbitrator May Rule On Pitchess Discovery Motion For Officer Personnel Records

December 1, 2014 · Arbitration: Administrative, Arbitration: Arbitrator

Justice Werdegar Concurs and Dissents. The California Supreme Court held today, “that when hearing an administrative appeal from discipline imposed on a correctional officer, an arbitrator may rule upon a discovery motion for officer personnel records, commonly referred to as a Pitchess motion.” Riverside County Sheriff’s Department v. Stiglitz, S206350 (Dec. 1, 2014) (Cordigan […]

Ninth Circuit Alphabet Soup Of Acronyms Yields Tidbits Regarding Arbitration In Regulatory Context

March 16, 2012 · Arbitration: Administrative, Arbitration: Deadlines

Watch Deadlines And Exhaustion Requirements And Hope That It Works Out . . . The next case would be even more impenetrable without the helpful glossary of 15 acronyms at the end. Some of our favorites: CMRS (Commercial Mobile Radio Service), DTMF (Dual Tone Multi-Frequency signaling), LEC (Local Exchange Carrier), ILEC (Incumbent Local […]