Arbitration Procedures

A transit authority fired two of its police officers for misconduct who were represented by a police union, reinstated them on administrative leave after an arbitration award ordered them to do so, and then fired both of them a second time after the state of Maryland declined to recertify them as police officers. The union challenged the second firing in federal court, claiming that it violated the arbitration award, and the trial court ordered the officers again reinstated. A federal appeals court reversed. It held that the employer didn't violate the arbitration awards by the second firing, and that the federal courts lacked authority to decide whether the employer's actions violated the collective bargaining agreement, as the officers' grievances belonged being decided by arbitration, not by a federal court. The denial of their recertification resulted in a new independent basis for the officers' termination, which could only be challenged by the filing of a new grievance. FOP Metro Transit Police Labor Committee, Inc. v. Washington Metropolitan Area Transit Authority, #14-1332, 780 F.3d 238 (4th Cir. 2015).

A trial court declined to compel the individual arbitration of grievances by county union employees represented by a deputy sheriffs' association, ruling that state law gave it discretion to stay the arbitration while the court first resolved issues between the parties that were not subject to arbitration and which could render the arbitrations unneeded. An intermediate state appeals court reversed, finding that all issues between the parties were subject to arbitration, so the state statute at issue did not apply. The grievances sought overtime pay for "donning and doffing" uniforms and equipment and off the clock supervisory activities by certain employees. Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, #B254982, 234 Cal. App. 4th 459, 183 Cal. Rptr. 3d 854, 2015 Cal. App. Lexis 144, 202 L.R.R.M. (BNA) 3381.


Created: May 4th, 2015 at 6:43 am