Friday, July 20, 2012

Labor Arbitration in the News

Ford did not violate “Equality of Sacrifice” letter

 Arbitrator David Grissom has rejected a grievance filed by the UAW that claimed Ford violated the Equality of Sacrifice letter included in the Ford/UAW contract as part of the modifications negotiated during the 2008-2009 fiscal meltdown. The full text of Arbitrator Grissom’s award can be found
here. Arbitrator Grissom concluded that the UAW had failed to meet its burden of proving a commitment by Ford to forego merit increases and 401K matches for salaried employees as a condition of the UAW’s agreement to contract concessions.

Busy week for Arbitrator Edwin Benn

 Both the Chicago School Board and the Chicago Teacher’s Union have rejected the recommendations contained in Arbitrator Edwin Benn’s report for solving their contract impasse. Chicagoist has a report on the reaction of both parties, and links to the full text of the arbitrator’s report.
School Board, Teachers Union Say No To Arbitrator's Report

Arbitrator Benn separately declined a remand from a Cook County judge who wanted him to engage in fact finding on whether the state had money to pay the raises called for in the union contract.
State Journal Register: Arbitrator demurs, state pay raise case back to Chicago court. Arbitrator Benn concluded it was beyond his authority as an arbitrator to engage in the additional fact finding.

Police Chief’s bypass of senior employee with highest test score upheld

 Arbitrator Chuck Miller has rejected a grievance filed by the Austin, TX Police Association challenging the decision of the Police Chief to bypass a senior employee for promotion. The Chief denied promotion to an officer who had recently received a fifteen day suspension for incorrectly filling out paperwork relating to traffic enforcement.
Austin For first time, police chief prevails when promotion case goes to arbitration.

Ninth Circuit to hear claim that company rep allegedly threatened arbitrator

According to Courthouse News Service, the Ninth Circuit is being asked to review the dismissal of a claim that a railroad representative on a Public Law Board allegedly threatened an arbitrator if she ruled in favor of the grievant. The plaintiff claims that the neutral arbitrator had prepared a preliminary decision upholding the grievance but, as a result of the threat, recused herself and a subsequent panel upheld the termination.
9th Circuit Asked to Reverse Worker's Firing. The District Court had dismissed the complaint, finding no fraud or corruption contributing to the final decision.

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