Dana Incorporated has filed a Complaint seeking to set aside an award of Arbitrator Daniel Kininmonth. The Company alleges that the Arbitrator filed to apply a Last Chance Agreement that he found to be applicable and to have been violated,
Arbitration Matters
Latest from Arbitration Matters - Page 3
Does employer provided alcohol mitigate an employee’s intoxicated sexual harassment?
That was the issue presented to Arbitrator Robert E. Light in Aramark Uniform & Career Apparel and Teamsters Local Union No. 769.Grievant was employed by Aramark as a Route Sales Representative. In acknowledgement of his sales performance, he was…
Arbitrator reverses termination for police officer’s use of racial slur
Arbitrator Thomas Cipolla overturned the termination of a San Antonio police officer who had been captured on a body camera using a racial slur during an arrest. Arbitrator Cipolla’s award can be found here. KSAT links to the video at San Antonio officer…
Deferral to arbitration of charges raising issues under the “contract coverage” test announced in MV Transportation, Inc. 368 NLRB No. 66
In MV Transportation, Inc., the NLRB decided that it would no longer apply the “clear and unmistakable waiver” test in resolving charges that an employer had made unilateral changes in matters addressed in a collective bargaining agreement. Instead, it would…
Recent Petitions to Vacate – Persona non grata, a dispute over back pay, and transfer of work to a non-unit employee
Teamsters Local 853 v. SFO Transporter, Inc. d/b/a Compass TransportationThe Teamsters Union is seeking to set aside an award of Arbitrator David B. Hart. Grievant had been employed as a shuttle bus driver, driving for clients and customers of…
Several recent cases address use of racial epithets or biased statements by employees – on duty, off duty and on social media
Teacher’s use of N word “under his breath” found insufficient to revoke tenureArbitrator Peter Adomeit rejected tenure charges against a teacher in a New Jersey school district who was alleged to have used the word while in class. The tenure…
Arbitrator finds dispute over eligibility to follow work is contractual, rejects assertion that it is a representation matter exclusively for the NLRB
Arbitrator Joseph Duffy has sustained grievance filed by Teamsters Locals 117 and 313 alleging that UNFI/Supervalu, Inc breached its cba when it denied bargaining unit employees the opportunity to transfer to a new facility after their current facility was scheduled…
Coal Industry Decisions – Construction or maintenance, remedies for contracting, and “production of coal”
Several recent decisions of the District Court for the Northern District of West Virginia address issues involving coal industry arbitration awards as the parties sought to confirm or vacate them.Maintenance or construction Two cases turned on whether the arbitrator correctly…
Recent cases – Untimeliness of an award, public policy challenges, and neutrality of party appointed arbitrators
Untimeliness of arbitrator’s award doesn’t warrant vacating awardIn First Student, Inc v International Brotherhood of Teamsters, Local 959, the District Court for Alaska denied a request to vacate an award of Arbitrator Elizabeth Ford. The parties had submitted to…
Recent complaints to set aside awards – outsourcing, alcohol tests and piece rates
Several recent filings involve efforts to vacate arbitration awards. Churchill Downs Racetrack, LLC, v. Laborers’ International Union of North America, Local Union No. 576 Churchill Downs Racetrack seeks to set aside an award of Arbitrator Mark C. Travis. Arbitrator Travis…