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All articles tagged '"CBA"'
17 articles found
Fifth Circuit Reverses Arbitrator’s Ruling in Southwest Airlines Labor Dispute
By Beth Graham - February 5, 2019
The United States Court of Appeals for the Fifth Circuit has overturned an arbitrator’s ruling in a labor dispute that was filed against Texas-based Southwest Airlines.
SCOTX Upholds Arbitrator’s Award in Favor of Jefferson County Constables
By Beth Graham - April 20, 2018
The Supreme Court of Texas has upheld an arbitrator’s award in a dispute between a Texas county and its deputy constables.
San Antonio COA Holds Firefighter is Collaterally Estopped From Challenging Arbitration in Health Benefits Dispute
By Beth Graham - May 7, 2015
Texas’s Fourth District Court of Appeals in San Antonio has ruled that a firefighter was collaterally estopped from challenging arbitration in a dispute over his medical benefits.
Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute
By Beth Graham - October 23, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute.
Fifth Circuit Affirms Vacatur of Arbitration Award Where Intent to Arbitrate Was Not Clear and Unmistakable
By Beth Graham - June 3, 2014
The Fifth Circuit Court of Appeals has affirmed a lower court’s vacatur of an arbitral award in an employment dispute.
Fourth District Appeals Court Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio
By Beth Graham - October 8, 2013
Texas’ Fourth District has held that an arbitration provision in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute.
Fifth Circuit Affirms Arbitration Decision on Collective Bargaining Agreement
By Beth Graham - February 13, 2013
In January, the United States Fifth Circuit Court of Appeals upheld an arbitrator’s decision in a case that arose pursuant to a collective bargaining agreement. In Albemarle Corporation v. United Steel Workers AOWU Local 103, No. 11-31185 (5th Cir. Jan. 3, 2013), two Albemarle Corporation (“Albemarle“) employees were terminated for alleged safety violations. Their union, United Steel Workers (“USW”), represented the men in arbitration under the p
2012 Year-in-Review – Fifth Circuit Arbitration Case Law
By Victoria VanBuren - January 8, 2013
During 2012, the U.S. Court of Appeals for the Fifth Circuit decided the following arbitration cases: In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). Read more here. In Carey v. 24 Hour Fitness, USA, In
Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA
By Jeremy Clare - December 27, 2012
The United States Court of Appeals for the Fifth Circuit affirmed the district court’s order to compel arbitration finding that it was the arbitrator’s task to evaluate the scope of the grievance and the CBA. Background In International Brotherhood of Electrical Workers, Local Union No. 716, AFL-CIO v. Albemarle Corporation, Inc., No. 11-20883 (5th Cir. June 18, 2012) the International Brotherhood of Electrical Workers (“Union”) filed a grievance
Fifth Circuit Upholds: UPS Union Members Can Bring Title VII Claims in a Federal Judicial Forum
By Jeremy Clare - December 26, 2012
The United States Court of Appeals for the Fifth Circuit held that the district court erred when it concluded that UPS’s CBA required Title VII claims to be brought under the CBA’s grievance process. Background In Amber Ibarra v. United Parcel Service, No. 11-50714 (5th Cir. Sept. 13, 2012), Amber Ibarra worked as a package car driver for the United Parcel Service (“UPS”), but was terminated from her job after she lost control of her van and stru
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