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All articles tagged '"CBA"'
17 articles found
Fifth Circuit Rules on Jurisdiction Under the Railway Labor Act
By Victoria VanBuren - March 1, 2012
The United States Court of Appeals for the Fifth Circuit held that an employee pension plan falls within the scope of the Railway Labor Act (“RLA”) and is subject to its mandatory arbitration procedures. In Ballew v. Cont’l Airlines, Inc., No. 11-20279, (5th Cir. Jan. 31, 2012) plaintiffs are former Continental Airlines pilots (“Retirees”) who filed a class action against Continental Airlines under ERISA § 502(a)(1)(
Fifth Circuit Rules on Arbitrability of Labor Union Grievances Under the CBA
By Victoria VanBuren - November 29, 2011
In Paper, Allied-Industrial Chem. & Energy Workers Int’l Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. La. 2011), plaintiff (the “Union”) filed suit to compel defendant corporation (“Exxon”) to arbitrate two labor grievances, pursuant to a provision in the collective bargaining agreement (“CBA”). The CBA defined “arbitrable grievance” as “good faith claim by one part
The CareFlite v. AFL-CIO Saga Continues
By Beth Graham - March 15, 2011
The Northern District of Texas has held the mandatory arbitration mechanism of the Railway Labor Act (RLA) preempted a grievance which required interpretation of a collective bargaining agreement (CBA), but did not preclude claims which were independent of the CBA. In CareFlite v. AFL-CIO, No. 4:07-CV-334-Y, (N.D. Tex., February 11, 2011), CareFlite, a medical transportation company, sought summary judgment on two counts of the Office and Profess
Fifth Circuit Rules that Unions and Employees May Contract to Exclude Certain Claims from Arbitration Under the RLA
By Victoria VanBuren - August 5, 2010
The United States Court of Appeals for the Fifth Circuit held that a grievance concerning a pilot’s discharge is not subjected to the Railroad Labor Act’s (RLA) mandatory arbitration mechanism because the collective bargaining agreement (CBA) between the airline and its pilot’s union explicitly excluded the claim. In CareFlite v. AFL-CIO, No. 08-10807 (5th Cir. Jul. 13, 2010) CareFlite is a medical transportation company that em
Granite Rock v. Teamsters: U.S. Supreme Court Rules on Arbitrability
By Victoria VanBuren - June 28, 2010
Last week, the U.S. Supreme issued its decision on Granite Rock v. Teamsters, No. 08-1214 , June 24, 2010. Justice Thomas wrote the majority opinion, joined by Chief Justice Roberts, Justices Scalia, Kennedy, Ginsburg, Breyer, and Alito. Justices Stevens and Sotomayor concurred in part and dissented in part. In Granite, the responder is a local union (Local) supported by its parent international (IBT). The petitioner is Granite Rock (Granite), em
Arbitration of Discrimination Claims After 14 Penn Plaza v. Pyett
By Victoria VanBuren - July 8, 2009
On April 1, 2009, the U.S. Supreme Court decided the landmark case 14 Penn Plaza v. Pyett (find our case summary here and additional comments here). Then, in May, a U.S. District Court in Colorado decided the first case post-Pyett (blogged here). Recently, we came across yet another Pyett progeny. This time, it was the U.S. District Court for the Eastern District of New York‘s turn in Shipkevich v. Staten Island Univ. Hosp. & Aramark, 2
Challenging an Arbitral Award in the CBA context
By Rob Hargrove - March 6, 2007
The Fifth Circuit just released an opinion reversing a district court’s vacatur (link is to .pdf file) of an arbitral award in the collective bargaining context. The opinion sets out the standard of review for arbitral awards when the arbitration is established by the collective bargaining process. Since this is an area in which we do not practice, I’m not offering any detail or analysis, but the opinion seemed worth noting. Resolutio
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