Tag Archives: arbitrator&#039s

Court upholds arbitrator's award finding unilateral change in past practice, rejects public policy challenge

The District Court for the Northern District of Illinois has confirmed an award of Arbitrator Edward Krinsky that found  Mondelez Global improperly and unilateral modified a past practice allowing employee to voluntarily work seven days without a day of rest. Mondelez Global, … Continue reading

Posted in Employment and Labour Law | Tagged , , , , , , , , , , , , | Leave a comment

Quick Hits – Limits on arbitrator's authority, omissions on an application, "no-add" provisions and contract modification, and displacement and discipline

Award vacated – Reinstatement order ignored cba limitation on arbitrator's authorityThe District Court in Massachusetts has vacated an award of Arbitrator Michael Stutz reinstating an employee dismissed by Steward Holy Family Hospital. Steward Holy Family Hospital, Inc. v. Massachusetts Nurses Association .  Grievant … Continue reading

Posted in Employment and Labour Law | Tagged , , , , , , , , , , , , | Leave a comment

Court confirms arbitrator's overtime award – doesn't find "pyramiding"

An earlier post (Pyramiding overtime – Employer challenges arbitrator's award) discussed an award  of Arbitrator Mathew Frackiewicz sustaining a grievance Armstrong County Memorial Hospital claimed was improperly seeking to "pyramid" overtime. The dispute concerned the pay treatment for an employee who … Continue reading

Posted in Employment and Labour Law | Tagged , , , , , , , | Leave a comment

Conflicting awards arising from same event are not "arbitrary and capricious" – arbitrator's finding of no just cause upheld

A Cleveland police chase ultimately resulting in the fatal shooting of two civilians resulted in the discipline of a significant number of officers and supervisory personnel. Grievances involving the discipline of several police sergeants were submitted to arbitration. Arbitrator Nels … Continue reading

Posted in Employment and Labour Law | Tagged , , , , , , , , , , , | Leave a comment

Vacating an arbitrator's award based on a finding it constituted a violation of public policy

Vacating an arbitrator's award based on a finding it constituted a violation of public policy Nassau Co. v Sheriff's Officers Association, Supreme Court, Nassau County, Justice Ralph P. Franco, [Not selected for publication in the Official Reports] Vacating an arbitrator's … Continue reading

Posted in Administrative law | Tagged , , , , , , , , | Leave a comment