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…

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.

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…

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…

Be sure your arbitration agreement is clear about who decides arbitrability

(Arbitrator and NAA member, Maretta Comfort Toedt) In JPay, Inc. v. Kobel, the parties agreed that their dispute was to be settled in arbitration but not whether the arbitration agreement provided for the dispute to be heard as a class.  The parties also disagreed as to who should decide whether the dispute could be heard on a class basis. The Eleventh Circuit determined that: JPay and its users contracted and consented to arbitrate “any and all . . . disputes, claims and controversies” arising out of or relating to JPay’s Terms of Service, and they agreed to arbitrate the…

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…

“Rare Decision” Reversing Arbitration Award

Arbitrator and NAA member, Christine Ver Ploeg, comments on a recent article in the Minnesota’s Star Tribune, (In rare decision, Minnesota Appeals Court backs firing of police officer, April 9, 2018) about a court of appeals reversal of an arbitrator’s decision. The Minnesota Court of Appeals recently vacated an arbitration award, affirmed by the district court, involving the reinstatement of a Minnesota police officer due to a violation of public policy. City of Richfield v. Law Enforcement Labor Services, Inc., (Minn. App. A17-1275, April 9, 2018). In 2016 the City of Richfield discharged the officer for use of…

Professor Matt Finkin on Class Arbitration Waivers

In “Dealing with harassment? Discrimination? Wage Theft? Good luck getting Justice with mandatory arbitration” (LA Times, 2/9/18), Professor and NAA Member, Matt Finkin (Illinois), discusses class arbitration waivers.

Professors Sachs and Zatz on the NFL Players’ Protests

In a recent op-ed piece in the New York Times, The Law is on the N.F.L. Players’ Side, Professors Benjamin Sachs (Harvard) and Noah Zatz (UCLA) comment on the relevance of the National Labor Relations Act to the discussion about the N.F.L. players’ demonstrations during the performance of the national anthem.

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.