Category: Arbitration: Collective Bargaining

Arbitration/Collective Bargaining: Dispute Not Within Scope Of Arbitration Provision In Collective Bargaining Agreement Must Nevertheless Be Arbitrated Under Section 301 Of Labor Management Relations Act

October 18, 2017 · Arbitration: Collective Bargaining

Because Application Of State Labor Code Provision Required Interpretation Of The Collective Bargaining Agreement, Federal Preemption Applied, Requiring Adherence To Grievance Procedure In CBA. San Francisco Giants baseball team plays the Chicago Cubs at AT&T ball park in San Francisco, California. 2012. Carol M. Highsmith, photographer. Library of Congress. General practitioners […]

Arbitration/Collective Bargaining/Appealability: Union Employee’s Writ Petition Was Not Proper Route To Challenge Arbitrator’s Award

October 3, 2017 · Arbitration: Appealability, Arbitration: Collective Bargaining, Arbitration: Section 1286.2 Vacatur

San Francisco Trolley Operator's Writ Petition And Motion To Vacate Go Off The Rails. San Francisco Trolley on Market St. 2012. Carol M. Highsmith, photographer. Library of Congress. Appellant's procedural quagmire is underscored by the following statement of the Court of Appeal: "In a somewhat puzzling argument, appellant contests his own standing to challenge the […]

Arbitration, Class, Waiver, Collective Bargaining: 2/7 CCA Affirms Part Of Order Requiring Arbitration, Grants Part To Deny Arbitration Of Statutory Claims To Pay Wages Timely And For Unlawful Competition, Agrees Class Action Waived

September 4, 2017 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Waiver

Arbitration Was Required Under A Collective Bargaining Agreement That Did Not Provide For Class Arbitration. Brushing aside thorny appealability issues, Cortez v. Doty Bros. Equipment Company, B275255 (2/7 filed 8/15, pub. order 9/1/17) (Perluss, Zelon, Segal) treated an employee's appeal as a writ of mandate, enabling the Court to address the effect of […]

Collective Bargaining: Second District, Division 4, Holds Trial Court Properly Denied Motion To Compel Arbitration Because Collective Bargaining Agreements Did Not Include “Unmistakable Waiver Of The Right To A Judicial Forum For Individual Statutory C

February 8, 2017 · Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Standard of Review, Arbitration: Waiver

Where Statutory Violations Are Alleged, Presumption Of Arbitrability Applying To Contractual Disputes Arising Out Of A Collective Bargaining Agreement Does Not Apply. Collective bargaining agreements (CBAs) are a different animal requiring close scrutiny when the question of arbitrability arises in an employment dispute. In Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975 (2/4 2/7/17) […]

Collective Bargaining: Ninth Circuit Rules That Railway Labor Act Requires Flight Attendant To Resort To Arbitral Mechanism Required By Collective Bargaining Agreement Instead Of Washington State Labor Agency

January 25, 2017 · Arbitration: Collective Bargaining

This Is A Railway Labor Act Preemption Case. Alaska Airlines v. Schurke, et al., No. 13-35574 (9th Cir. 1/25/17) is not about the merits of whether a flight attendant gets to use her vacation time to care for her sick child – a Washington state agency had ruled in her favor on the merits. Rather, […]

Arbitration, Employment: Ninth And Fifth Circuits Split On Whether Arbitration Agreements With Collective/Class Action Waivers Violate The NLRB.

December 9, 2016 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Federal Arbitration Act, Arbitration: Waiver

In The Fifth Circuit, D.R. Horton Inc. v. NLRB, 737 F.3d 344, Is Dispositive. In an unpublished opinion, Citigroup Technology, et al. v. NLRB, 15-60856 (5th Cir. 12/8/16) (per curiam), the Fifth Circuit grants Citigroup’s Petition for Review, and reverses the NLRB’s decision adverse to Citigroup, which seeks to enforce arbitration of an employee’s […]

Arbitration, Employment: Ninth Circuit Rules That Employer Violates National Labor Relations Act By Requiring Employees To Agree Not To Bring “A Concerted Legal Claim” Involving Wages, Hours, And Terms Of Employment

August 23, 2016 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Federal Arbitration Act

Judge Ikuta Dissents: “This decision is breathtaking in its scope and in its error . . . “ The issue decided in Morris v. Ernst & Young, No. 13-16599 (9th Cir. 8/22/16) is clearly framed by the majority and dissenting opinions, and almost certainly headed for Supreme Court review. In a majority opinion authored […]

Collective Bargaining/Public Policy Exception: Ninth Circuit Reverses District Court’s Decision That Vacated Arbitrator’s Award On Erroneous Grounds Arbitrator’s Interpretation Of Agreement Was Not “Plausible” And Was Contra

May 22, 2016 · Arbitration: Collective Bargaining, Arbitration: Public Policy

Opinion Clarifies Limited Role Played By Courts In Reviewing Labor Arbitration Awards. In Southwest Regional Council of Carpenters v. Drywall Dynamics, Inc., No. 14-55250 (9th Cir. May 19, 2016) (Berzon, Owens, Marbley), the Ninth Circuit reverses a district court order vacating an arbitration award in a labor case, along the way criticizing use of […]

Arbitration, Collective Bargaining: Ninth Circuit Reversed District Court’s Order Denying Arbitration, Because Six-Month Statute of Limitations Had Not Run Under Section 301 Of The Labor Management Relations Act

December 6, 2015 · Arbitration: Collective Bargaining, Arbitration: Employment

Ninth Circuit Panel Blames Employer For Not Making Good Faith Effort To Address Merits Of Dispute. SEIU United Health Care Workers-West v. Los Robles Regional Medical Center, No. 13-55672 (9th Cir. Dec. 3, 2015) (Pregerson, Parker, Nguyen) holds “that it is a breach of the duty of good faith performance under Section 301 […]

Arbitration, Class Action, Delegation, Collateral Estoppel, Standard Of Review: Federal Order Vacating Arbitration Award Binds State Court

April 12, 2015 · Arbitration: Class, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Collective Bargaining, Arbitration: Delegation, Arbitration: Standard of Review

“Manifest Disregard Of The Law” Federal Standard For Vacating Award Worked To Employee’s Advantage Here. Our next case involves arbitration issues addressed in three forums: a Labor Management Committee, state courts, and federal district court. Plaintiff/Petitioner Wawock petitioned for a writ of mandate, seeking an order directing the superior court to deny defendant CSI’s […]