News & Analysis as of

Arbitration Unions Termination

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 -
Marshall Dennehey

Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice

Marshall Dennehey on

Ohio Council 8, AFSCMA, AFL-CIO v. City of Lakewood, 2025-Ohio-2052 -An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated. The union demanded...more

Foley & Lardner LLP

Give Employees the Opportunity to Be Heard Before Imposing Discipline

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Sometimes employers believe they have all the evidence they need to discipline or terminate an employee, even without having talked to the employee and hearing the employee’s side. Why waste time talking to the employee when...more

Littler

Ontario, Canada: Employee’s Excessive Absences to Pursue Education Need Not be Tolerated by Employer

Littler on

In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Tucker Arensberg, P.C.

Court Affirms Reinstatement of A School Bus Driver Who Tested Positive For Drug Use

Tucker Arensberg, P.C. on

Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more

Pullman & Comley - Labor, Employment and...

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more

Foley & Lardner LLP

Considerations When Changing Enforcement of Personnel Practices

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You catch a not-so-good employee sleeping on the job, and you want to fire him. You call your attorney, and the attorney asks how you have handled similar situations in the past. You tell the attorney it has been a mixed bag,...more

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