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…

May 16, 2017

Blogs Comment on U.S. Supreme Court Decision on Nursing Home Arbitration Agreements

Calling it an “unsurprising” decision,  Sarah Cole at Indisputably commented on the U.S. Supreme Court decision in Kindred Nursing Centers v. Clark, No. 16-32 (May 14, 2017). The Court reversed a holding by the Kentucky Supreme Court refusing to enforce two arbitration provisions executed by individuals holding powers of attorney, because the power-of-attorney documents did not specifically mention arbitration or the ability to waive the principals’ right to trial by jury.  The US Supreme Court held that the state court’s holding violated the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.

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…

Oct. 4, 2016

Mandatory Pre-dispute Arbitration Agreements Between Nursing Homes and Residents Banned

In a recent article on Sept. 28. 2016, the NYT reports on a recent rule issued by the Center for Medicare and Medicaid Services banning nursing homes receiving federal funding from requiring residents to sign pre-dispute arbitration agreements.  (U.S. Just Made it a Lot Less Difficult to Sue Nursing Homes). Arbitrator Lise Gelernter (NAA Member) comments on the rule.  Expanding on the NYT’s coverage, Arbitrator Gelernter’s comment makes clear that “the agency had no quarrel with the institution of arbitration per se, but rather with the abuses associated with the use of pre-dispute arbitration agreements.” *** In one part…

Sep. 19, 2016

Football Discipline: Goodell and Arbitration

Voicing a perspective contrary to that expressed in a recent article by other Washington Post reporters who disapproved of police discipline arbitration systems and related decisions by labor arbitrators, the Post’s sports columnist Molly Jenkins reported on the current dispute involving Dallas Cowboys running back Ezekiel Elliott and the National Football League. The League suspended Elliott for six games on allegations of domestic abuse, a ruling that the National Football League Players Association appealed to arbitration. At arbitration, the NFL Commissioner’s designated arbitrator, a member of the NFL staff, upheld the suspension. Reporter Jenkins concluded in her analysis that, “The…

Aug. 3, 2016

Developments in Interest Arbitration

In a Letter to the Editor published July 31, Arbitrator and former NAA President, Richard I. Bloch, responds to “Unions kill a smart arbitration proposal in Montgomery County” (The Washington Post’s editorial published July 28). The Post’s editorial attributed the wage increases experienced by public employees in Montgomery County in part to “an out-of-whack arbitration system … tilted in favor of public-employee unions,” noting that over the last 28 years, unions have prevailed in 80 percent of the disputes.   The editorial blames the concern that arbitrators have with being “blackballed by the unions” for these one-sided results.

July 25, 2016

Brogan Responds to NYT’s Article on Secrecy in Arbitration

(Note: Below is the text of a Letter to the Editor that Margaret Brogan, President of the NAA sent to the New York Times in response to an article about the ongoing dispute between Gretchen Carlson and Roger Ailes). Re:  Gretchen Carlson’s Fox News Contract Could Shroud Her Case in Secrecy, July 13, 2016 This article is misleading.  By failing to differentiate between types of arbitration, it paints a broad and negative brush over all arbitration.  Without commenting on Ms. Carlson’s individual agreement, that dispute resolution scheme is not Labor Arbitration, which is a product of a mutual agreement between management and…

July 11, 2016

Interest Arbitration Disputes On Both Sides of the Border

The following two recent news articles report on discussions about the merits of interest arbitration in the U.S. and Canada. Postal workers’ union refuses arbitration with Canada Post reports that the Canadian Union Postal Workers has “politely declined” the suggestion by Mary Ann Mihychuk, Labour Minister, to undergo binding arbitration as a means to avoid a potential work stoppage. Ocean City Council, Firefighters Union Spar Over Petition describes a dispute between the Career Firefighter Paramedics Association of Ocean City (Maryland), the Mayor, and the City Council over an ongoing petition drive by the union seeking to put a referendum for…