Feb. 7, 2020

NLRB Makes it Easier to Defer to Arbitration Awards

The National Labor Relations Board (NLRB) has a policy of deferring to arbitrators’ awards that deal with factual scenarios that may also constitute unfair labor practices (ULPs).  If the Board “defers” it will not rule on the ULP charge, allowing the arbitration award or settlement to provide the appropriate relief.  The Board has changed its deferral standards from time to time and it did so again in a decision issued at the end of December, 2019, United Parcel Service, Inc., 369 NLRB 1 (2019) (UPS).  This change did not come as a big surprise since NLRB General Counsel Peter Robb…

May 24, 2019

The Arc of (Arbitration) History

In “Google workers want to outlaw mandatory arbitration. Here’s why this matters“, Sarah Staszak, an associate research scholar in the Woodrow Wilson School of Public and International Affairs at Princeton University, provides a short overview of how political alignments have shifted regarding the practice of arbitration.

May 19, 2019

Arbitration Developments in Canada

In Alberta and other Canadian provinces, hospitals are considered to be essential services. Therefore nurses do not have the right to strike.  However, they do have the right to collective bargaining.  When an impasse occurs in negotiations, it can be resolved by way of Interest arbitration.  Interest arbitration is available to others beyond just essential services, and not just those in the public sector.  Some of the non-essential service collective agreements in the public sector also have a wage re-opener. Recently, the United Nurses of Alberta and the Alberta Health Services along with other public sector employers were scheduled to…

April 10, 2019

For the Internationally Curious … South African Arbitration Developments

In recent years, South Africa has experienced a steep and costly increase in the number of strikes and lockouts.  In order to address concerns raised by this trend, major changes were recently implemented by the SA government.  The Labour Relations Amendment Act addresses a number of issues, including changes to the provisions dealing with the appointment of advisory arbitration panels. Section 150A of the Labour Relations Act (LRA) provides for the appointment of Advisory Arbitration Panels, wherein an arbitratal panel renders a proposed settlement in the nature of recommendations or advice.  The LRA gives the appointment powers to the director…

April 30, 2018

First Ever Labor Arbitration Ruling Under CAFTA

Professor Lance Compa (Cornell University), Eric Gottwald (International Labor Rights Forum) and Jeffrey Vogt (Solidarity Center) have recently published an abridged, edited and annotated version of the first labor arbitration ruling arising under the dispute resolution process of DR-CAFTA (Dominican Republic – Central American Free Trade Agreement). The report, titled “Wrong Turn for Workers’ Rights: The U.S.-Guatelmala CAFTA Labor Arbitration Ruling – And What To Do About It” summarizes the 300 page decision and provides important commentary. Below are portions of the Background section of the report: “On April 23, 2008, the AFL-CIO and six Guatemalan trade unions filed…

Oct. 31, 2017

Active Term for the US Supreme Court in Labor Cases

Even as we wait for the US Supreme Court’s decision regarding arbitration class-waiver cases, the Court also will be dealing with the constitutionality of mandatory “fair share” agreements. In Union Fees Will Get Fresh Look at High Court, No Longer Deadlocked, Marcia Coyle (The National Law Journal) provides a helpful description of the current debate.

Aug. 7, 2017

Washington Post Story on Police Arbitrations

In this article, three writers for the Washington Post report on the results of their study of police termination arbitrations in large US jurisdictions. We previously have posted about this issue.  In October 2016, we linked to a piece in US News & World Report (Arbitration and the Revolving Door of Bad Cops, by Alan Neuhauser).  In September 2015, we reviewed a court-ordered study of police arbitrations in Oakland, CA.

Aug. 1, 2017

Model Reporting on Arbitration

Below are links to news articles that we think provide helpful samples for reporters writing about arbitration. June 2017 Bob Dunn, from The Berkshire Eagle (Pittsfield, Mass.), writes about a court challenge to an arbitrator’s decision involving a fired police officer with the Pittsfield’s Police Department.  The report provides a careful description of the arbitrator’s decision and of the basis for the legal challenge. See Police union’s lawyers push back against Pittsfield suit over fired officer. May 2017 Jackie Valley, from The Nevada Independent (Las Vegas, Nev.),  reports on an interest arbitration proceeding involving the Clark County School District and…

Oct. 17, 2016

More on Canadian Interest Arbitration

The Oct. 5th edition of Guelph Today, from Guelph, Ontario, includes a news release from the City of Guelph about the start of interest arbitration between the City and the Guelph Professional Firefighters Association (Fire Service Arbitration Hearing Open to the Public).  The press release describes the arbitration process as follows: “Interest arbitration, in labour relations, is the process by which contract disagreements between management and labour are referred to an arbitrator or arbitration board. In this case, an impartial arbitration board has been assembled made up of an adjudicator (arbitrator), a non-City management nominee and a non-GPFFA union nominee.

Oct. 12, 2016

NAA Presents Special Award to Arbitrator George Nicolau

Arbitrator George Nicolau was presented with a special award at the most recent Fall meeting of the National Academy of Arbitrators (NAA) on September 30, 2016 in New Orleans. Mr. Nicolau, a giant in the field of labor-management arbitration, has vast experience in all areas, but may be best known for his work as the Impartial Arbitrator for Major League Baseball and the National Hockey League; for serving on many panels in the airline industry; and for his work for New York’s Office of Collective Bargaining. Mr. Nicolau was also NAA past president. At 91 years young, Mr. Nicolau continues…