68 results for 'cat:"Arbitration" AND cat:"Labor"'.
J. Shea grants the employer's motion to compel arbitration, ruling the contract at issue in this case is between two business entities and, therefore, is not covered by any exemption to the Federal Arbitration Act, including the exemption involving workers engaged in interstate commerce, such as the delivery drivers who brought the suit. Additionally, the fee-shifting provision of the arbitration clause does not render it unconscionable because the drivers have not shown arbitration costs would be prohibitive, while the bold and large type on the contract negates any argument the agreement was deceptive.
Court: USDC Connecticut, Judge: Shea, Filed On: May 2, 2024, Case #: 3:23cv1695, NOS: Other Labor Litigation - Labor, Categories: arbitration, Employment, labor
J. Kennelly partially grants a rideshare company’s motion to compel arbitration against several of its drivers. The drivers wish to forward a class action against the company. They claim it wrongly classifies them as independent contractors rather than employees so as to avoid paying them higher wages and overtime, compensating business expenses and providing employee benefits. The court finds arbitration is appropriate for three of the plaintiff drivers but not for a fourth. The court also grants conditional class certification for “all drivers who have worked for Uber in Illinois during the last three years.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 22, 2024, Case #: 1:23cv17182, NOS: Labor/Management Relations - Labor, Categories: arbitration, Class Action, labor / Unions
J. King remands to the arbitrator the food company's complaint that it did not breach the collective bargaining agreements by trying to vacate the award in the unions' favor or by filing an unfair labor practice charge with the National Labor Relations Board. The arbitrator should handle this dispute, because the food company does not cite any evidence that the arbitrator "cannot account for the back pay tolling issue when specifying the proper 'formulae' for implementing the 'make whole' remedy and conducting the back pay calculation on remand."
Court: USDC Western District of Washington, Judge: King, Filed On: March 30, 2024, Case #: 2:19cv1736, NOS: Other Labor Litigation - Labor, Categories: arbitration, Evidence, labor
J. Conley grants the union's motion to affirm an arbitration award in its favor in a dispute with the paper mill owner over the union's demand for vacation pay during the indefinite idling of the mill, which lasted from August 2020 until the mill permanently closed in October of that year. There is no serious error, breach of authority or other cause to overturn the arbitrator's decision, so the decision is affirmed, judgment is entered in the union's favor and the clerk is directed to close the case.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: March 28, 2024, Case #: 3:22cv194, NOS: Labor/Management Relations - Labor, Categories: arbitration, labor / Unions
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J. Reidinger grants a hospital’s motion for summary judgment in a labor dispute with a nurses’ union after the hospital won an arbitration award. Union members posted flyers regarding voting in places outside of designated bulletin boards stipulated in a collective bargaining agreement. The dispute arose, and a union representative requested access to the hospital. He was denied for 30 days as part of the agreement. When a second, uninvolved representative requested access, he had to wait until the 30 days had ended. The union is incorrect in arguing that this second denial violated the agreement, and the arbitration award stands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 26, 2024, Case #: 1:23cv321, NOS: Labor/Management Relations - Labor, Categories: arbitration, Health Care, labor / Unions
J. Drozd refuses to compel arbitration or dismiss a worker’s putative class wage and hour claims against an equipment company. The worker did not directly sign the arbitration agreement or the handbook within which it was located, the arbitration clause was not prominently distinguished from the other 69 sections of the handbook, and the handbook said it was neither a contract nor a legal document.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 20, 2024, Case #: 1:23cv979, NOS: Employment - Civil Rights, Categories: arbitration, Contract, labor
J. Prescott denies the city's motion to dismiss the appeal filed by the union, ruling that because the appeal concerns a municipal collective bargaining agreement, the lower court's order to vacate the initial arbitration award is a final, appealable order.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 15, 2024, Case #: AC46927, Categories: arbitration, Civil Procedure, labor / Unions
Per curiam, the appellate division finds that the lower court properly denied the fired employee's motion to vacate an arbitration ruling upholding his termination. The employee lacks standing to seek vacatur of the arbitration determination, because his union was a party to the action, not him personally. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01302, Categories: arbitration, labor
J. Lemelle denies requests by an association of ship loaders to reconsider a court ruling denying its request for arbitration of a longshoremen’s union complaint, according to which it is owed $2.8 million due to the association’s complete withdrawal from the union pension fund. Neither the stevedoring association nor its insurer initiated arbitration before the statutorily defined deadlines. No withdrawal-liability payment was ever made. If the companies desired to contest the withdrawal-liability calculation, they could have done so through ERISA’s compulsory arbitration scheme.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: March 8, 2024, Case #: 2:22cv2566, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: arbitration, Evidence, labor / Unions
J. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, Class Action, labor
J. Drozd grants, in part, a bank’s motion to compel arbitration on a former worker’s wage and employment discrimination claims. The worker's minimum wage, meal break, wage statement, overtime and expense-related claims are covered by the parties' arbitration agreement.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 1, 2024, Case #: 2:22cv2320, NOS: Other Labor Litigation - Labor, Categories: arbitration, labor
J. Cooper confirms an arbitration award in favor of a postal police officer's union concerning the USPS's issuance of a directive, which said postal police officers were not supposed to exercise their powers off grounds, that violated the parties' collective bargaining agreement. Upon remand, the arbitrator must "hash out the parties' differences" concerning USPS's compliance with the arbitrator's prior ruling.
Court: USDC District of Columbia, Judge: Cooper, Filed On: February 28, 2024, Case #: 1:23cv675, NOS: Other Labor Litigation - Labor, Categories: arbitration, Employment, labor / Unions
J. Ecker finds the trial court erroneously determined the city was required to increase the retired firefighters' pension benefits after a retroactive wage increase. Although the firefighters were not retired on the retroactive application date, language in the union's pension and collective bargaining agreements was ambiguous as to whether such changes would apply to pension benefits. Only mandatory retirees are eligible for retroactive increases, according to the agreements, and so the forced retirees at issue in this case are necessarily excluded from the increase awarded by the arbitration panel. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: February 6, 2024, Case #: SC20803, Categories: arbitration, Pensions, labor / Unions
J. McShan finds that the lower court properly declined to vacate an arbitrator's finding that a state parole officer should be terminated for misconduct. In considering the officer's time records, the arbitrator did not exceed his authority under the union contract or impinge a separate grievance the union brought against the state's system of recording time on the job. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: January 11, 2024, Case #: CV-22-2153, Categories: arbitration, labor / Unions
Per curiam, the appellate division finds that the lower court improperly denied the county's motion to vacate an arbitration award in favor of the correctional officers' union. The county correctly argues that the arbitration award was irrational because the officers did not seek reimbursement of any out-of-pocket medical expenses, and they never claimed that their injuries qualified for statutory benefits. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 10, 2024, Case #: 00069, Categories: arbitration, labor / Unions
J. Kelly denies the electric company's motion to stay enforcement pending appeal to the Tenth Circuit. The court previously confirmed an arbitration award issued by the Council on Industrial Relations, and the company seeks to stay enforcement of the judgment. However, it fails to show that it is entitled to a stay, as it does not demonstrate a likelihood to succeed on the merits or show "any irreparable harm it would suffer."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: January 5, 2024, Case #: 4:21cv246, NOS: Labor/Management Relations - Labor, Categories: arbitration, labor / Unions
J. Jones grants the gentleman's club's motion to compel arbitration on dancers' wage claims. Certain dancers were added to this collective action more than 4 years after the case was initiated and the owners say they signed arbitration agreements that preclude federal courts from adjudicating their claims. Claims brought under the Fair Labor Standards Act are encompassed by the agreement.
Court: USDC Nevada, Judge: Jones , Filed On: December 11, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, labor
J. Polster grants the employer's motion to dismiss and compel arbitration, ruling the employment agreements signed by loan officers require all matters of employment, including Fair Labor Standards Act claims, be decided by an arbitrator. Furthermore, the employer's decision to file state court suits against loan officers for recoupment of sign-on bonuses did not constitute a waiver because the bonuses were governed by separate agreements.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: December 4, 2023, Case #: 1:23cv285, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, Employment, labor