New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Arbitration

Subscribe to Arbitration RSS Feed

Monday Morning Quarterback: What Labor Practitioners Can Learn From “Deflategate”

Posted in Arbitration, Discharge and Discipline
The following article was published in Employment Law 360 on September 15, 2015. Turn down the lights and roll the film on the recent district court decision to vacate the four game suspension of New England Patriots’ quarterback Tom Brady.  The much ballyhooed proceeding known as “Deflategate” holds valuable lessons for all labor practitioners, regardless… Continue Reading

Fifth Circuit Court of Appeals Invalidates NLRB’s Ruling That Class Action Waivers Violate the NLRA

Posted in Arbitration, Labor Relations, National Labor Relations Board
In D.R. Horton, Inc., the National Labor Relations Board (“NLRB”) held that a mandatory arbitration agreement between an employer and an employee that included a class action waiver was unlawful under Section 8(a)(1) of the National Labor Relations Act (“NLRA”) because it prohibited the employee from engaging in concerted activity with other employees.  The NLRB’s D.R. Horton ruling, which was… Continue Reading

New York Appellate Court Permits Interlocutory Appeal From Arbitrator’s Dismissal of Disciplinary Charge

Posted in Arbitration, Public Employment
A recent decision issued by the Appellate Division, Second Department, in Matter of Board of Education of Hauppauge Union Free School District v. Hogan, provides a valuable reminder to school districts and other public employers that an arbitrator’s interlocutory ruling in a disciplinary proceeding against an employee may not really be an interlocutory ruling at all, and in… Continue Reading

New York Court of Appeals Affirms Appellate Court’s Holding That Retirement Plan Contribution Dispute Was Not Arbitrable

Posted in Arbitration, Labor Relations, Public Employment
In a recent decision of statewide applicability to public employers with unionized members of the Police and Fire Retirement System (“PFRS”), the New York Court of Appeals (“Court”) addressed the issue of whether the City of Yonkers’ refusal to pay or reimburse new employees for their statutorily-required Tier V pension contributions was arbitrable.  In City… Continue Reading

New York Appellate Court Holds That Retirement Plan Contribution Dispute Was Not Arbitrable

Posted in Arbitration, Labor Relations, Public Employment
In a recent decision that will likely have positive implications for similarly-situated public employers across New York State, the Appellate Division for the Second Department reversed a lower court ruling and held that the City of Yonkers’ refusal to reimburse new employees for their statutorily-required Tier V retirement plan contributions was not arbitrable.  The appellate court… Continue Reading

New York’s Highest Court Holds That “No Layoff” Clause in Public Employer’s Collective Bargaining Agreement is Not Arbitrable

Posted in Arbitration, Labor Relations, Public Employment
New York’s highest court recently ruled that a provision in the collective bargaining agreement between the Village of Johnson City and its firefighters’ union which states that the Village will not "lay-off any member of the bargaining unit during the term of this contract" is not explicit enough to prevent the Village from abolishing the positions of six firefighters… Continue Reading

NLRB Holds That NLRA Prohibits Class Action Waivers in Mandatory Arbitration Agreements

Posted in Arbitration, Labor Relations, National Labor Relations Board
Arbitration agreements are a common tool that employers use to manage EEO and wage/hour litigation risk.  Those agreements often include a provision that an employee who wishes to submit an employment-related claim to arbitration may do so only on behalf of himself or herself, and may not do so as part of a class or collective action.  On… Continue Reading

Jury Waivers: A Viable Alternative to Arbitration Agreements

Posted in Arbitration, Employment Contracts
Over the past couple of decades, there has been much debate over whether arbitration agreements can be used to prevent employees from asserting discrimination and other employment-related claims in court. Lost in this debate, however, is a simpler and perhaps more reliable means of managing an employer’s risk: a jury waiver. A jury waiver is nothing more than… Continue Reading

Should Unionized Employers Consider Mandatory Arbitration of Discrimination Claims Under Their Labor Agreements?

Posted in Arbitration
The Supreme Court's decision in 14 Penn Plaza provides unionized employers with an opportunity to consider negotiating a clear and unmistakeable clause in their collective bargaining agreements requiring mandatory arbitration of statutory discrimination claims. But including such a clause may not be right for all employers, and unions are likely to resist efforts to negotiate such a clause.… Continue Reading