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Arbitration Arbitration Awards Employment Litigation

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Carlton Fields

Sixth Circuit Confirms Arbitration Award Despite Argument That Case Was International and Beyond Arbitrator’s Authority

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The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

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In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

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Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

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Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Bennett Jones LLP

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

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The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

Littler

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

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Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this...more

Perkins Coie

Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration Awards

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Last week, the U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., unless they have an independent...more

Jenner & Block

US Supreme Court Issues Significant Ruling Limiting the “Look-Through” Jurisdiction of Federal Courts Under the Federal...

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On March 31, 2022, the US Supreme Court issued a significant decision in Badgerow v. Walters, No. 20-1143, ending a circuit split about when federal courts have subject matter jurisdiction to review domestic arbitration...more

Miles & Stockbridge P.C.

Fourth Circuit’s Reinstatement of $1.2 Million Award Highlights Risk of Arbitration Agreements

On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

Littler on

In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Littler

Ontario, Canada: Arbitration Award Considers Issues Pertaining to “Vaccinate or Test” Policies

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On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, among other things, that if...more

Carlton Fields

Federal Court Declines to Vacate Arbitration Award Absent Public Policy Against Requiring Reinstatement of Terminated Employee

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The plaintiff, ITT Engineered Valves LLC, sought to vacate an arbitration award finding it had improperly terminated its employee, Douglas Wood, and ordering that Wood be reinstated. While recognizing the general presumption...more

Carlton Fields

Court Refuses to Vacate Award Stemming From Workplace Personal Injury

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The U.S. District Court for the Southern District of New York recently refused to vacate an arbitration award stemming from a workplace personal injury after the arbitrator concluded that the employee was primarily...more

Carlton Fields

Fourth Circuit Affirms Denial of Vacatur of Arbitration Award, Finding No Deprivation of a Fair Hearing or Manifest Disregard of...

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A former vice president of a division within Oracle Corp. filed a demand for arbitration against Oracle, claiming that he was owed additional bonus compensation under the terms of his employment contract and the Maryland Wage...more

Carlton Fields

Fourth Circuit Declines to Vacate Arbitration Award Where Challenge to the Award Was Nothing More Than an Ordinary Disagreement...

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Tecnocap LLC appealed a decision by the U.S. District Court for the Northern District of West Virginia, where it declined to vacate an arbitration award in favor of an employee and labor union in a grievance proceeding...more

Seyfarth Shaw LLP

California Court of Appeal Extends the Reach of Section 16600 to Upset Arbitration Award Because of Alleged Overly Broad...

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In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating a...more

Seyfarth Shaw LLP

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

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Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

Littler

A Rare Occurrence: California Court Overturns Arbitrator’s Award

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California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions...more

Proskauer - Labor Relations Update

Overruling District Court, Second Circuit Affirms Individual Employees Are Bound By Arbitration Award Prosecuted By Their Union

On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more

Carlton Fields

New Jersey District Court Rejects Challenge to Arbitration Award on the Basis of Public Policy

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The petitioner challenged an arbitration award on the basis that it conflicted with public policy. “[T]he Third Circuit has explained that this exception does not … sanction a broad judicial power to set aside arbitration...more

Carlton Fields

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

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This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Searcy Denney Scarola Barnhart & Shipley

Truth About Forced Arbitration

The American Association for Justice has released a groundbreaking new report detailing the fundamental truths of forced arbitration using data provided by the arbitration providers themselves. The Truth About Forced...more

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