Quick Hits – Arbitrability Issues

Incorporation of AAA Rules gives arbitrator authority to decide question of arbitrabilityThe Second Circuit has rejected a hospital's efforts to vacate an award of Arbitrator Daniel Brent, concluding that the dispute was properly subject to arbitrationThe grievance involved a claim by the New York State Nurses Association that Southside Hospital had, for extended periods of time, required nurses to perform excessive non-nursing duties in violation of the cba. Arbitrator Brent upheld the grievance, finding, contrary to the position of the hospital, that the matter was properly before him. The Hospital had claimed that the matter should first have been addressed by the Committee on Nursing Practice provided for in the cba. Arbitrator Brent found that efforts to rectify the situation through the Committee had been unsuccessful and that the Union was "entitled to an impartial determination of the language of Article3.10" which provided that nurses "should not be…

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