Friday, May 11, 2012

Labor Arbitration in the News

Minnesota Labor & Employment Blog has a post on the significance of a management rights clause for public employers. Management Rights Clauses Are Important for Public Employers

For the second time, an arbitrator has determined that the Port Authority of NY and NJ has breached a labor agreement by rescinding free tolls and parking at Port Authority facilities for certain union retirees. Port Authority retirees win another round in perks battle. The Bergen Record reports that Arbitrator Susan Mackenzie concluded that "By plain and unequivocal language" the parties made clear their intent to have the benefit apply to both active and retired employees. Previously an arbitrator made a similar decision concerning retirees from a different bargaining unit. Port Authority ordered to reinstate toll-free passes for retirees has a summary of that state's case law applying the public policy exception to enforcement of arbitration awards. Oregon case law relating to the public policy exception since 1995. The article was triggered by the City of Portland's refusal to comply with an arbitrator's award to reinstate police officer Ronald Frashour (discussed here). Portland's legal stand against reinstating fired cop hangs on Oregon law that's had little effect

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