21 results for 'cat:"Arbitration" AND cat:"Employment" AND cat:"Labor"'.
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: arbitration, employment, labor / Unions
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. 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
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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
J. Counts adopts a magistrates report and recommendations, and compels arbitration in a lawsuit between an oil services company and employees who say they were misclassified as independent contractors and underpaid for overtime. Despite objections by employees, this case should first go to arbitration because the workers signed a valid arbitration agreement.
Court: USDC Western District of Texas , Judge: Counts, Filed On: October 31, 2023, Case #: 7:22cv176, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, employment, labor
J. Menendez-Miro grants summary judgment to an employer in this matter surrounding termination. An employee was terminated from his position as an electrical and mechanical production technician when he allegedly failed to comply with the company’s Covid-19 protocols, and was absent from work for a seven-day period. The employee’s union filed a grievance that went to arbitration, but the arbitrator found the union and the employee failed to follow complaint and filing procedures outlined in the collective bargaining agreement, rendering the matter as not procedurally arbitrable. The instant court agrees with the arbitrator’s findings.
Court: USDC Puerto Rico, Judge: Menendez-Miro, Filed On: October 2, 2023, Case #: 3:22cv1506, NOS: Employment - Civil Rights, Categories: arbitration, employment, labor / Unions
J. Fisher reverses an employee relations board's decision to uphold an arbitration award ordering that a police officer be reinstated after the arbitrator found the police department waited to long to serve notice of the disciplinary action. The Comprehensive Policing and Justice Reform Amendment Act of 2022, which was passed during the pendency of this case and applies retroactively, repealed the 90-day rule at issue. Reversed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: September 7, 2023, Case #: 19-CV-1161 , Categories: arbitration, employment, labor
J. Joseph grants summary judgment to both Morton’s Salt and the union local for its Louisiana salt mine, dismissing breach-of-duty claims brought by an electrician’s apprentice fired for admittedly violating one of the company’s “cardinal” safety rules. While the fired employee points out certain procedural defects in how the union handled his grievance, the union’s actions did not constitute a breach of its duty of fair representation. Further, the apprentice and his electrician admitted to violating safety protocols, and Morton had previously fired three or four other employees for violating its “cardinal rules.” Last December, the U.S. Department of Labor cited Morton’s Louisiana mine for a “pattern” of health or safety violations that could end in serious injury or illness, the first time a U.S. mine had been so sanctioned since 2014.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: September 6, 2023, Case #: 6:22cv1863, NOS: Labor/Management Relations - Labor, Categories: arbitration, employment, labor / Unions
J. Rubin grants a trade company and a sugar refinery their motion to vacate an arbitration award that went to a longshoremen's union after the refinery fired one a bulk storage foreman. The refinery had written the foreman up multiple times for tardiness, long absences, and leaving without notifying anyone, and fired him after three infractions. An arbitrator awarded the union its demands for the foreman's reinstatement and back pay because he believed the foreman's offenses weren't severe enough to breach the collective bargaining agreement. However, the award is vacated because the foreman's termination should have been based on his violations of the agreement itself, not on the arbitrator's opinion of how severely it was violated.
Court: USDC Maryland, Judge: Rubin, Filed On: August 24, 2023, Case #: 1:22cv2876, NOS: Labor/Management Relations - Labor, Categories: arbitration, employment, labor / Unions
J. Niemeyer finds the lower court improperly compelled the foreman and the oil company to resolve their contract dispute via arbitration. The arbitration clause was not in any contract between the foreman and the oil company, but rather in a contract between the foreman and a third-party company that had helped the foreman find the position with the oil company. Reversed
Court: 4th Circuit, Judge: Niemeyer, Filed On: August 7, 2023, Case #: 22-1480, Categories: arbitration, employment, labor
J. Robbenhaar denies a supermarket company’s motion to dismiss after it was sued by a union seeking to compel compliance with arbitration procedures and to enforce agreements made through prior bargaining. The union has exhausted the grievance procedures available to it through the collective bargaining agreement, and without such an order from this court, the supermarket could once again go through the process of bargaining and arbitration before “again failing to comply with the agreed upon resolution.”
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: July 28, 2023, Case #: 1:23cv335, NOS: Labor/Management Relations - Labor, Categories: arbitration, employment, labor / Unions
J. Edison recommends granting Uber's motion to confirm an arbitration award in a case where a driver lost his claim Uber had mislabeled him an independent contractor, rather than an employee. The arbitrator properly construed the agreement between the parties, and the driver fails to show she was partial to Uber.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: July 14, 2023, Case #: 4:22cv3876, NOS: Arbitration - Other Suits, Categories: arbitration, employment, labor
J. Saylor grants a company’s motion for arbitration and denies its motion for judgment on the pleadings of its employees as lacking statutory standing. The company’s employees sign an arbitration agreement as part of their employment and it is unclear at this time how the complaint’s Private Attorneys General Act of 2004 component will be resolved, so at this time arbitration may first occur.
Court: USDC Massachusetts, Judge: Saylor, Filed On: July 13, 2023, Case #: 1:22cv11033, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, employment, labor
J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: arbitration, employment, labor / Unions
J. Kennelly denies a health care access website’s motion to modify a ~$35,000 award an arbitrator granted its former employees in an underlying labor case, but also remands the case to the arbitrator to clarify the material terms of the award of equity options.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 5, 2023, Case #: 1:15cv6238, NOS: Fair Labor Standards Act - Labor, Categories: arbitration, employment, labor
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: arbitration, employment, labor / Unions