Thirty-Nine Page Slip Opinion Hinges On Issue Of Waiver. The Court of Appeal addresses a variety of issues in the context of a complicated procedural history in Desert Regional Medical Center v. Leah Miller and Desert Regional Medical Center v. Lynn Fontana, E076058 and E076069 (4/2 1/6/23) (Codrington, Ramirez, Raphael). The procedural history […]
A Statutory Route In California Avoids A Private Attorney General Act Of 2004 (PAGA) Lawsuit In The Construction Industry: Labor Code § 2699.6. The issue presented in Jerome Oswald v. Murray Plumbing and Heating Corporation, B312736 (2/2 9/2/22) (Lui, Chavez, Hoffstadt), is whether an arbitration clause in a construction industry collective bargaining […]
Ninth Circuit Agrees With District Court That Labor Dispute Was Not Arbitrable And That Arbitrability Was Properly Decided By The Court. In Tramon Wilson-Davis v. SSP America, et al., B306781 (2/3 4/9/21) (Edmon, Lavin, Egerton), a dishwasher sued his employer, individually and behalf of a putative class, for wage and hour violations. A collective […]
Commercial Arbitration And Labor Arbitration Agreements Are To Be Analyzed The Same Way. American Nurses somewhere in England, November 2018. Library of Congress. When the agreement is silent about who decides whether a dispute is arbitrable, does the court or the arbitrator decide? The court decides. However, 9th Circuit case law created an exception […]
Trial Court's Ruling That Delay And Prejudice Resulted In Waiver Is Affirmed. Nunez v. Nevell Group, Inc., G056585 (4/3 5/2/19) (Fybel, Bedsworth, Goethals), addresses an employer's waiver of right to compel arbitration of violations of a wage order under a Collective Bargaining Agreement. The Court affirms the trial court's order denying the […]
Dispute Only Required Reference To Collective Bargaining Agreement (CBA), Not Interpretation Of It. I blogged about Melendez v. San Francisco Baseball Associates LLC, on December 18, 2017, when it was still in the Court of Appeal. Baseball security guards had sued the Giants, alleging that the guards were intermittent employees, entitled to be […]
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 […]
Majority, Concurring, And Dissenting Opinions. Siegfried & Roy in their private apartment at the Mirage Hotel on the Vegas Strip, with one of their performing white lions. Photographer: Carol M. Highsmith. Library of Congress. Judge Bucklo, sitting by designation, describes the appeal of a labor arbitration award as "surprisingly nuanced", an "analytical puzzle" and […]
And Judge Ikuta Dissents. The Ninth Circuit affirmed the district court's order confirming an arbitration award in favor of a union seeking relief concerning a bonus provision in the parties' collective bargaining power. The employer had argued that the arbitration award was invalid because the arbitrator reformed the Basic Labor Agreement (BLA) between the […]
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" […]